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Marriage Age Law Stands As Passed, Judge Rules Thursday, Oct 11, 2007 By Robin Mero Stephens Media BENTONVILLE - A Benton County Circuit judge ruled Wednesday a law allowing those younger than 18 to marry will stand. The Benton County clerk now must issue a marriage license to 17-year-old Lisa Stansell, who has parental permission to marry. Stansell's mother sued Sept. 13 to challenge the legislation. The decision is local, however, and doesn't clarify confusion about the new legislation for other county clerks, said Faron Ledbetter, president of the Arkansas Association of County Clerks. Matt DeCample, spokesman for Gov. Mike Beebe, said Wednesday the governor's office will keep an eye on the issue in Benton County and isn't planning to call a special session to address legislators' intentions in passing the law. "This ruling seems simple and straightforward, and we're not taking any immediate action," DeCample said. "We'll see if there is any further legal action with this case." For decades, Arkansas allowed boys age 17 and girls age 16 to marry - if they had parental consent. Legislators wanted to change the law this past session, allowing those younger than 18 to marry only when the female is pregnant. A clerical mistake added the word "not" before pregnant, allowing those younger than 18 who are "not pregnant" to marry. The Arkansas Code Revision Commission corrected that mistake before it was printed and distributed in new code books. The commission has no legal authority to make substantive changes, Senior Circuit Judge Tom Keith said in his ruling. "The commission is limited to making 'technical corrections' such as correcting spelling and grammatical errors, etc.," his ruling stated. "The removal of the word 'not' in this instance was a substantive change." Keith agreed with Stansell's attorney, Timothy C. Hutchinson of Rogers, that Act 441 of 2007 should stand as passed. Hutchinson said Wednesday his client will obtain her license as soon as possible. County Attorney Robin Green said the ruling helps the county clerk. "It clarifies for her which law to follow," she said. Ledbetter said he plans to issue a memo today to all county clerks in Arkansas, explaining Wednesday's ruling isn't binding outside Benton County. "I'm going to notify each of the county clerks and advise them to consult with their local county attorneys," Ledbetter said. "We'll leave it up to them to decide what to do, but I hope they keep this ruling in mind as they consult." State Rep. Will Bond, D-Jacksonville, a co-sponsor of Act 411, said Wednesday the genesis of changes to the law came from the state's Judicial Council, which asked legislators to change to the marriage age. "I think setting the age to marry at 18 makes a lot of sense. You can't enter into a contract before 18, or buy a car or vote," Bond said. "I wish we'd gotten it worded right. We asked the Code Revision Commission to take action. We tried to fix it that way." Bond said issues with the entire marriage statute have emerged since the mistake came to light in the spring. Legislators have learned that county clerks have issue with various technical aspects. "It's not a very organized section of code to begin with. I don't think (the current situation) is a crisis. I think we can wait until 2009 and take a look at the statute as a whole," Bond said. At least one minor has been allowed to marry in the state since the law went into effect in July. A Pulaski County judge issued an order allowing a marriage license to be issued to a 17-year-old Alexander male who is soon joining the military. The young man then married his 18-year-old girlfriend. |
