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Bill

Bill

SB 48

Remove Exception to Marry with Judicial Approval

2026 Regular Session

SB 48 eliminates Colorado's judicial exception allowing minors to marry with court approval, establishing a single inflexible minimum marriage age.

Senate Considered House Amendments - Result was to Concur - Not Repassed
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WeVote Research Nonpartisan
Bill Summary · SB 48

Legislative bill overview

SB 48 proposes to eliminate Colorado's judicial exception that currently allows minors to marry with court approval. Under existing law, individuals under the standard marriage age can petition a court for permission to marry; this bill would remove that allowance entirely. The change would establish a single, inflexible minimum marriage age without discretionary judicial override.

Why is this important

This addresses child welfare and protection concerns, as judicial exceptions to age requirements have been criticized nationally for enabling marriages involving minors who may face coercion or lack full agency. However, it also removes flexibility that some argue serves legitimate cases—such as parental consent issues or specific family circumstances—where judicial discretion was previously available to courts.

Potential points of contention

  • Child protection vs. autonomy trade-off: Supporters emphasize protecting minors from exploitation; opponents argue some mature minors and families benefit from judicial review of circumstances
  • Judicial discretion removal: Questions about whether eliminating all judicial exceptions is appropriate or if narrow circumstances warrant court consideration
  • State variation in approach: Other states have reformed rather than eliminated exceptions; debate over whether Colorado should follow suit or take a stricter approach

Compiled from official sources — confirm details with the bill’s official record.

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