2023 Senate Bill 209 / Public Act 71

Family law: marriage and divorce; marriage entered into by a person under 18 years of age; void.

An act to amend 1921 PA 352, entitled “An act to prohibit the marriage of a person under 16 years of age and to declare the marriage void,” by amending the title and section 1 (MCL 551.51), as amended by 1983 PA 198.

AI Analysis – Experimental

Among other things, the bills make 18 the legal age to marry and prohibit marriage by people younger than 18; remove references to marriage involving a minor; eliminate marriage as an automatic factor for emancipation; and remove marriage-related exceptions from certain criminal sexual conduct prohibitions.

Introduced in the Senate

March 16, 2023

Introduced by Sen. Sarah Anthony (D-21) and 13 co-sponsors

Co-sponsored by Sens. Mallory McMorrow (D-8), Dayna Polehanki (D-5), Erika Geiss (D-1), John Cherry (D-27), Sylvia Santana (D-2), Jeff Irwin (D-15), Sue Shink (D-14), Kevin Hertel (D-12), Veronica Klinefelt (D-11), Rosemary Bayer (D-13), Stephanie Chang (D-3), Ruth Johnson (R-24) and Mark Huizenga (R-30)

Referred to the Committee on Civil Rights, Judiciary, and Public Safety

June 20, 2023

Reported with substitute S-2

June 21, 2023

Referred to the Committee of the Whole

June 22, 2023

Reported with substitute S-2

Substitute S-2 concurred in by voice vote

Amendment offered by Sen. Ed McBroom (R-38)

1. Amend page 1, line 5, after “age” by striking out “A” and inserting “Except as provided in subsection (3), a”.

2. Amend page 2, following line 6, by inserting:

“(3) An individual at least 16 years of age but younger than 18 years of age may marry an individual at least 16 years of age but younger than 18 years of age with written consent from all of that individual’s parents or legal guardians. Except as otherwise provided in this subsection, a probate judge shall allow the marriage of an individual described in this subsection. Before performing the marriage of an individual described in this subsection, the probate judge shall ask the individuals if the individuals are being forced or coerced into the marriage and shall not perform the marriage if the individuals indicate the individuals are being forced or coerced into the marriage.”

The amendment failed by voice vote

Amendment offered by Sen. Jim Runestad (R-23)

1. Amend page 2, following line 13, by inserting:

“(e) House Bill No. 4539.

(f) House Bill No. 4540.”.

The amendment failed by voice vote

Passed in the Senate 36 to 0 (details)

Received in the House

June 22, 2023

Referred to the Committee on Criminal Justice

June 28, 2023

Discharged from committee

Amendment offered by Rep. Andrew Fink (R-35)

1. Amend page 1, line 6, after “into” by inserting “in this state”.

The amendment failed by voice vote

Substitute H-2 offered by Rep. Kara Hope (D-74)

The substitute passed by voice vote

Passed in the House 103 to 5 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

June 28, 2023

Amendment offered by Sen. Jim Runestad (R-23)

1. Amend page 2, following line 6, by inserting:

“(3) The age for sexual contact or sexual penetration in this state is 18 years of age.”.

The amendment failed by voice vote

Substitute H-2 concurred in 36 to 0 (details)

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

July 12, 2023