In a significant move toward strengthening child protection laws in the state, the Texas House has tentatively approved House Bill 168, a proposal aimed at closing legal loopholes that currently allow for child marriages under certain conditions. The bill, authored by Rep. Jon Rosenthal, a Democrat from Houston, passed with a vote of 83-51 and is scheduled for a final vote later this week. If it clears that hurdle, the legislation will advance to the Senate.
House Bill 168 would prohibit county clerks from issuing marriage licenses to anyone under the age of 18, including minors who have been emancipated by court order. Additionally, it would invalidate existing marriages involving minors, thereby eliminating legal cover that has allowed rare but controversial instances of child marriage to persist in Texas, even after previous reforms in 2017.
Rosenthal emphasized the urgency of closing this gap in the law, stating from the House floor, “I brought this bill originally to protect our Texas children from a loophole in the law that allows trafficking of these kids. And that is certainly still my goal.” The proposed legislation also includes a new provision that would allow survivors of child marriages to pursue legal remedies when their marriages are dissolved. This addition was welcomed by advocacy groups, who had previously expressed concern that voiding such marriages would leave survivors without access to legal protections or resources.
The bill, however, has not been without controversy. A debate has emerged around whether the legislation should include a so-called “Romeo and Juliet” exception. Such laws currently protect consensual relationships between minors and adults when the age difference is three years or less. During floor discussions, Rep. Linda Garcia, a Democrat from Mesquite, raised questions about how HB 168 might impact these relationships.
“There’s some concern that in a Romeo and Juliet relationship, this would stop them from being able to legally get married,” said Garcia. She also noted that common law marriages would still be permitted under Texas law, even if the couple cannot obtain a marriage license from the courthouse. Rosenthal clarified that his bill targets only courthouse marriages and would not affect common law unions. He also stressed that the legal age for marriage in Texas remains 18, regardless of the age of sexual consent being 17, and HB 168 would not alter that standard.
Rosenthal later told The Texas Tribune that if lawmakers try to amend the bill by adding a Romeo and Juliet clause, he would withdraw it entirely. “If it manages to get on there, I’m going to withdraw the bill,” he said firmly. Because the amendment would be proposed after the bill has already been tentatively approved, it faces a steep climb. Any change of that magnitude would require 100 votes more than the original approval tally forcing bipartisan support for the exception. If HB 168 passes the final vote in the House without further amendments, it will move on to the Senate, where it must go through committee hearings and three rounds of votes on the Senate floor.
As debate continues, the bill highlights the ongoing challenges lawmakers face in balancing child protection with legal nuances in relationships involving minors. Supporters of the bill argue that eliminating all legal pathways for underage marriage is a necessary step toward ending potential exploitation, trafficking, and long-term harm to minors. HB 168 is part of a broader national effort to eliminate child marriage, with Texas joining several other states that are reconsidering or tightening their marriage laws to protect minors.
