12 Year Old May Marry

[Gregory Matthews]

On June 15, 2006, an appellate court in Colorado ruled that a female twelve years of age was legally competent to give consent to a "common-law" marriage. That ruling did not change the legal requirement in Colorado that requires one to be 16 years old to enter into a civil marriage.

Four years ago, a 14 year-old female known only as JMY consented to enter into a common-law marriage with a 34 year old Willis Lee Rouse. Following that common-law marriage, Rouse was arrested for sexual assault on a child other than JMY. Due to complex issues regarding the claimed sexual assault on that child, and the desire that she not be required to testify in court, Rouse was convicted of stalking and escape, and sentenced to a term in prison.

Civil authorities sought to determine the marital status of Rouse with JMY. The circuit court ruled that the common-law marriage was invalid due to JMY being 14 years old. Rouse appealed that ruling. The Appellate Court ruled that Colorado law regarding common-law marriages was based upon ancient law in England and therefore a male 14 years of age, and a female, 12 years of age, were old enough to consent to a common-law marriage in Colorado, even though they were not old enough to contract a civil marriage.

In it's ruling, the Court made a strong suggestion that the Legislature could correct this.

[Gail]

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In it's ruling, the Court made a strong suggestion that the Legislature could correct this.

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And legislature should!

[Gregory Matthews]

It appears that this girl has not had a Father active in her life. The Mother first filed charges against Rouse, with the civil authorities, and at a later time changed her mind, and filed civil paperwork granting permission for her daughter to get married.

On another point, another woman has now come forward telling the media that she married Rouse when she was 17years old, in a formal marriage, and that she is still married, (but separated) to him. This marriage occurred about 12years ago.

I personally find it interesting that Rouse did not have legal counsel when he filed the briefs that resulted in the Appellate Court overturning the ruling of the Circuit Court, and ruling that females in Colorado could enter into a common-law marriage as young as 12 years of age. Rouse simply acted on his own attorney. Lawyers who have looked at his paper work stated that it is well written (he won), but contains spelling and grammar errors.

[Neil D]

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Gail said:

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In it's ruling, the Court made a strong suggestion that the Legislature could correct this.

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And legislature should!

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Oh, for the "liberal activist" judges who could rule properly on this ! <img src="/adventist/images/graemlins/tongue.gif" alt="" />

[Dr. Shane]

Was this a liberal court that ruled on this? It doesn't seem like a liberal decision. Since Colorado recognises English Common Law, the court is using that as the basis of its ruling and allowing the legistlature opportunity to change it.

If the legislature had already made a law, and the court used English Common Law to invalidate the legislature's law, that would be disturbingly activist. But since the Colorado legislature has no law in regard to the age a person can enter into a common law marriage, the court was free to rule as it did.

[Gregory Matthews]

My take is that the Court went stricly by the law. One analysis of this case stated that the English Common Law connection is stated in Colorado law. It is just that no one ever thought that this could result in 12 YO females being allowed to contract a common-law marriage.

To top it off, this case was won by a prisoner, acting as his own attorney, who appears not to be a lawyer!