South Dakota's new marriage law raises the minimum age requirement to 18 years old for all marriages, unless a minor at least 16 years old obtains a court order or parental consent. When minors marry, the law now requires a court hearing where a judge determines the marriage is voluntary and in the minor's best interest, and it prohibits marriages where the age difference between partners exceeds four years.
The amendment STRENGTHENS the bill's restrictions on child marriage by reducing the maximum age gap allowed between minor applicants from ten years to four years, making it significantly harder for adults to marry minors. This tightens the protections for young people by narrowing the circumstances under which marriages involving minors can be approved.
The amendment restructures the parental consent pathway for minors seeking to marry, replacing a requirement for two parents' consent with flexible options allowing either two parents OR one legal guardian to provide consent, while maintaining the court-order alternative and the four-year age-gap restriction. This **broadens** the bill by making it easier for minors to obtain marriage approval when parental circumstances are complicated (such as single parents or guardianship situations).
The amendment fundamentally rewrites South Dakota's child marriage law by raising the minimum marriage age to 18 (eliminating the previous 16-year-old option with parental consent alone) and instead requiring minors aged 16-17 to obtain a circuit court order finding the marriage is voluntary and in their best interest, plus written consent from two parents or a legal guardian, with a mandatory 30-day waiting period after court approval. This substantially STRENGTHENS protections for minors by adding judicial oversight, stricter consent requirements, and safeguards against coercion.
The enrolled version removes the initial provision allowing 16-18 year-olds to marry with parental consent and replaces it with a stricter requirement that minors seeking marriage must obtain either a court order (following an in-person hearing) or notarized consent from two parents/guardians, while also adding a four-year age-gap limitation between applicants. This substantially STRENGTHENS the bill's original purpose by raising the practical marriage age floor and adding judicial oversight and safeguards for minor applicants.
Other amendments
Signed by the Governor S.J. 549
Delivered to the Governor S.J. 539
Signed by the Speaker H.J. 560
Signed by the President S.J. 525
Senate Concurred in amendments Passed, YEAS 31, NAYS 3. S.J. 512
House of Representatives Do Pass Amended Passed, YEAS 40, NAYS 27. H.J. 526
State Affairs Do Pass Amended Passed, YEAS 7, NAYS 5.
State Affairs Motion to amend
State Affairs Scheduled for hearing
First read in House and referred to House State Affairs H.J. 445
Senate Do Pass Amended Passed, YEAS 25, NAYS 8. S.J. 379
Senate Motion to amend S.J. 377
Senate Deferred to another day S.J. 355
Judiciary Do Pass Amended Passed, YEAS 5, NAYS 2. S.J. 25
Judiciary Motion to amend Passed, YEAS 4, NAYS 3. S.J. 25
Judiciary Scheduled for hearing S.J. 1
Judiciary Scheduled for hearing
First read in Senate and referred to Senate Judiciary S.J. 140
Prime sponsor · Sen.
R
Concurred in amendments
Do Pass Amended
State Affairs — Do Pass Amended
Do Pass Amended
Judiciary — Motion to amend
Judiciary — Do Pass Amended