Legislature(2021 - 2022)BUTROVICH 205
04/05/2022 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB62 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 62 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
April 5, 2022
1:32 p.m.
MEMBERS PRESENT
Senator David Wilson, Chair
Senator Shelley Hughes, Vice Chair
Senator Mia Costello
Senator Lora Reinbold
MEMBERS ABSENT
Senator Tom Begich
OTHER LEGISLATORS PRESENT
Representative Elvi Gray-Jackson
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 62(JUD) am
"An Act relating to the Legislative Ethics Act; relating to
solemnization of marriage; and relating to consent to marriage."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 62
SHORT TITLE: MARRIAGE WITNESSES
SPONSOR(s): REPRESENTATIVE(s) CLAMAN
02/18/21 (H) PREFILE RELEASED 1/15/21
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) STA, JUD
02/25/21 (H) STA AT 3:00 PM GRUENBERG 120
02/25/21 (H) -- Testimony <Invitation Only> --
03/04/21 (H) STA AT 3:00 PM GRUENBERG 120
03/04/21 (H) Heard & Held
03/04/21 (H) MINUTE(STA)
03/09/21 (H) STA AT 3:00 PM GRUENBERG 120
03/09/21 (H) Heard & Held
03/09/21 (H) MINUTE(STA)
03/11/21 (H) STA AT 3:00 PM GRUENBERG 120
03/11/21 (H) Moved HB 62 Out of Committee
03/11/21 (H) MINUTE(STA)
03/12/21 (H) STA RPT 4DP 2DNP 1AM
03/12/21 (H) DP: CLAMAN, STORY, TARR, KREISS-TOMKINS
03/12/21 (H) DNP: EASTMAN, VANCE
03/12/21 (H) AM: KAUFMAN
03/19/21 (H) JUD AT 1:30 PM GRUENBERG 120
03/19/21 (H) <Bill Hearing Canceled>
03/24/21 (H) JUD AT 1:30 PM GRUENBERG 120
03/24/21 (H) Heard & Held
03/24/21 (H) MINUTE(JUD)
03/29/21 (H) JUD AT 1:00 PM GRUENBERG 120
03/29/21 (H) <Bill Hearing Canceled>
03/31/21 (H) JUD AT 1:00 PM GRUENBERG 120
03/31/21 (H) Moved CSHB 62(JUD) Out of Committee
03/31/21 (H) MINUTE(JUD)
04/05/21 (H) JUD RPT CS(JUD) NEW TITLE 4DP 3DNP
04/05/21 (H) DP: DRUMMOND, KREISS-TOMKINS, SNYDER,
CLAMAN
04/05/21 (H) DNP: EASTMAN, VANCE, KURKA
03/09/22 (H) SUSTAINED RULING OF CHAIR Y21 N14 E4 A1
03/11/22 (H) TECHNICAL SESSION 3/11 - ON 3/14
CALENDAR
03/16/22 (H) TRANSMITTED TO (S)
03/16/22 (H) VERSION: CSHB 62(JUD) AM
03/18/22 (S) READ THE FIRST TIME - REFERRALS
03/18/22 (S) HSS, JUD
04/05/22 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
REPRESENTATIVE MATT CLAMAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 62.
BREANNA KAKARUK, Staff
Representative Matt Claman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for HB 62,
version B.A.
JOE CONNELLY, Owner
Chugach Peaks Photography
Anchorage, Alaska
POSITION STATEMENT: Testified by invitation on HB 62.
DAWN TYREE, Founding Member
National Coalition to End Child Marriage in the United States
Kodiak, Alaska
POSITION STATEMENT: Testified by invitation on HB 62.
RIMI NASHASHIBI, Founder and President
Global Hope 365
Tustin, California
POSITION STATEMENT: Testified by invitation on HB 62.
FRAIDY REISS, Founder and Executive Director
Unchained At Last
Westfield, New Jersey
POSITION STATEMENT: Testified in support of HB 62.
REVERAND CIAN MULHERN, Senior Pastor
Celtic Ministries
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HB 62, but urged the
committee to increase the age of marriage to 18.
ALEX GOYETTE, Senior Public Policy Associate
Tahirih Justice Center
Falls Church, Virginia
POSITION STATEMENT: Testified in support of HB 62, but urged the
committee to increase the age of marriage to 18.
GENEVIEVE MEYER, Co-Founder
Resiliency Foundation
Fort Wayne, Indiana
POSITION STATEMENT: Testified in support of HB 62, but urged the
committee to increase the age of marriage to 18.
ACTION NARRATIVE
1:32:59 PM
CHAIR DAVID WILSON called the Senate Health and Social Services
Standing Committee meeting to order at 1:32 p.m. Present at the
call to order were Senators Costello, Reinbold, and Chair
Wilson. Senator Hughes arrived thereafter.
HB 62-MARRIAGE WITNESSES
1:33:23 PM
CHAIR WILSON announced the consideration of CS FOR HOUSE BILL
NO. 62(JUD) am "An Act relating to the Legislative Ethics Act;
relating to solemnization of marriage; and relating to consent
to marriage."
[CSHB 62(JUD)am was before the committee.]
CHAIR WILSON stated that the intention today is to hear the
introduction, sectional analysis, and invited and public
testimony.
[CSHB 62(JUD) AM was before the committee.]
1:33:58 PM
REPRESENTATIVE MATT CLAMAN, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 62, introduced the bill paraphrasing the
following sponsor statement:
At present, during the solemnization of marriage,
couples must assent to the marriage in the presence of
each other, the person solemnizing the marriage, and
at least two additional witnesses. Afterward, all
parties must sign the marriage certificates. House
Bill 62 would eliminate the requirements of any
additional witnesses at the marriage solemnization and
the signatures of these witnesses on marriage
certificates to help support Alaska's destination
wedding industry while preserving the integrity of
marriage. HB 62 also adds a requirement that a person
verify that the parties intend to marry each other.
Thus, both the person solemnizing and the person
verifying sign the marriage certificate and provide
contact information.
Alaska is one of 20 states that require two wedding
witnessesthe upper limit of wedding witness
requirements nationwide. Twenty-three states and the
district of Columbia do not require wedding witnesses
at all. Wedding witnesses played a more critical role
in past centuries when record keeping was less
automated. Witnesses could be contacted to verify the
wedding had taken place if records were damaged or
missing. Today, however, the role of a wedding witness
is ceremonial. In Alaska, while the person solemnizing
the marriage must meet certain criteria, no form of
witness verification is requiredjust a signature. HB
62 would allow Alaska to compete with states like
Hawaii and Florida, which require no wedding witnesses
and lead the nation in destination weddings.
Destination weddings are a significant and growing
business in Alaska. Non-resident weddings (where both
parties are non-residents) already comprise
approximately 10% of marriages in Alaska. But the two
witness requirement makes Alaska a less attractive
location for many who travel from farther away or who
do not want the financial burden of a larger wedding.
Couples who come to the state without their own
witnesses are tasked with finding strangers to witness
their wedding. The burden of supplying these witnesses
often falls to those to work in Alaska's wedding
industry who ask friends and family to witness the
weddings of their out-of-town clients. The additional
witness requirement can also place an increased
financial burden on the couple. For example, for a
remote location wedding, such as a glacier, the couple
must pay extra seating costs to transport the
witnesses.
At present, destination weddings bring in an estimated
$1 million in revenue to Alaska in the form of
approximately 500 destination weddings a year. This
revenue figure doesn't even account for the fact that
more than 90% of the out-of-state couples who come to
Alaska to get married stay for days and weeks to
explore our great state. The resulting benefit to
Alaska's tourism industry is substantial.
REPRESENTATIVE CLAMAN stated that a House floor amendment also
changed Alaska law relating to child marriage. It addresses the
growing concern about the relationship between child marriage
and human and sex trafficking. He emphasized that reducing or
eliminating child marriage in Alaska is an important step in
improving public safety, and it better reflects community
values.
1:38:14 PM
BREANNA KAKARUK, Staff, Representative Matt Claman, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for HB 62:
House Bill 62
Sectional Analysis Version B.A
Section 1
AS 24.60.030(a). Prohibited conduct and conflicts of
interest. Amends the Legislative Ethics Act to allow a
legislator to accept travel and hospitality for
solemnizing a marriage.
Section 2
AS 25.05.301. Form of solemnization. Eliminates the
requirement of two witnesses at a marriage
solemnization ceremony and adds a person who
"verifies" the marriage by (1) communicating with both
parties to confirm their intent to marry; and (2)
signing the marriage certificate. The person verifying
the marriage is not required to witness the ceremony.
Section 3
AS 25.05.321. Certificates. Eliminates the requirement
for two witnesses to sign the marriage certificate and
adds a person who "verifies" the marriage by signing
the marriage certificate.
Section 4
AS 25.05.321. Certificates. Specifies that the person
solemnizing the marriage and the person verifying the
marriage must put their contact information on the
certificate forms.
Section 5
AS 25.05.361. Unlawful solemnization of marriage.
Deletes language to conform with changes made in
section 2 of the bill.
Section 6
Repeals AS 25.05.041(a)(3) and (a)(5)statutes that
relate to marriage witnessesto conform with changes
made in section 2 of the bill.
Repeals AS 25.05.171(b)the statute that allows a
superior court judge to grant permission for a person
who has reached the age of 14, but is under the age of
18, to marry. The effect of this repeal is to limit
child marriage to individuals who are 16 or 17 years
old and have parental consent as set forth in AS
25.05.171(a).
1:40:19 PM
CHAIR WILSON asked the sponsor to walk through the process for
two people to get married should this bill pass, and how that
changes the current practice.
1:40:38 PM
REPRESENTATIVE CLAMAN said he could provide his personal
experience as an elected official who officiated a marriage. The
two individuals got a marriage license from the Bureau of Vital
Statistics and he performed the ceremony. Afterward, the two
individuals signed the certificate, he signed as the officiant
and solemnizer of the marriage, and two witnesses signed. The
wedding couple may or may not know the witnesses, but those
signatures did not appear on the certificate. The difference now
is that the second person to sign the certificate, in addition
to the person solemnizing the marriage would be the verifier.
Because a lot of weddings now take place on mountain tops and
other not readily available locations, the verifier can sign
after the ceremony. They do not need to be present, but they
must sign soon after the ceremony. The certificate would have
the names of the verifier and solemnizer as well as all their
contact information, which would be helpful if somebody were to
dispute the marriage.
1:42:22 PM
CHAIR WILSON referenced Section 2 and asked what requirements
the person verifying the marriage had to fulfill.
REPRESENTATIVE CLAMAN answered that a verifier has to be 18
years of age or older.
CHAIR WILSON asked if they verify the intent, but not the actual
wedding.
REPRESENTATIVE CLAMAN answered yes; it's an effort to
accommodate weddings that take place on top of a mountain or
some other out of the way place that may be costly to reach. The
verifier would need to talk with the couple either before or
after the ceremony to ensure that both parties intend to marry
the other. Presuming they did, the verifier could sign the
certificate before or after the ceremony, but would not be
required to attend.
SENATOR REINBOLD noted that the sponsor had worked on the issue
for years and questioned why he thought it was so important.
REPRESENTATIVE CLAMAN offered his belief that marriage is one of
the greatest things a person ever does, and he sees this as a
way that the state can help make this a memorable experience
instead of one fraught with problems associated with getting the
right paperwork. He said he tends to agree with the notion that
the state should not be involved in marriage ceremonies, but the
state does get involved when there is a divorce because churches
are not good at handling dissolutions. He related that when he
introduced this bill, a wedding photographer called to say that
the bill was a way to demonstrate that Alaska is ready and open
for business. The problem he's experienced is that couples want
to fly to the top of a mountain in a helicopter for their
wedding ceremony and they want help with the requirement that
they must pay for two extra seats for the verifiers.
1:45:02 PM
SENATOR COSTELLO asked him to describe the repealed sections
listed on page 6, line 2, and the amendment that passed on the
House floor.
REPRESENTATIVE CLAMAN explained that AS 25.05.171(b) is the
procedure for the court to approve someone to marry when the
person is at least 14 years of age but under 18 years of age.
This currently comes up in two situations but the courts have
not had this come up for more than a decade. In 2007 and 2008
there were five or six cases that come up seeking court
authorization to marry and he recalled that two or three were
approved and the same number were dismissed.
1:46:22 PM
SENATOR HUGHES joined the committee.
CHAIR WILSON asked whether it wouldn't more accurately reflect
the intent for the new language in Section 2 to talk about the
person verifying the intent of the marriage instead of simply
the person verifying the marriage. He also questioned why there
shouldn't be two people to verify the intent instead of just the
one.
REPRESENTATIVE CLAMAN acknowledged that he had quite a lot of
discussion with Representative Vance about the importance of
having two witnesses and whether that was in scripture. The bill
calls two witnesses; one is the person who officiates the
wedding and the other is the verifier.
SENATOR HUGHES expressed concerned that the verifier may or may
not know that they are supposed to communicate with the two
people getting married to ensure that they know what they're
doing, which is that each party intends to marry the other
party.
1:48:19 PM
REPRESENTATIVE CLAMAN said he believes that a person who is
verifying a marriage would not be willing to sign their name and
give all their contact information without knowing why they're
doing so.
SENATOR HUGHES said her concern is that the couple getting
married might be less than forthcoming when they ask someone to
verify their marriage. They might simply show a photo and ask
somebody to verify that they got married. She asked if the state
has a standard form for proof of marriage and, if so, she
wondered whether it should have a statement that verifying the
marriage includes having a conversation with the couple about
their intent.
1:49:41 PM
REPRESENTATIVE CLAMAN answered that the current form does not
have such a statement and he didn't think there was much
confusion about what people mean to do when they get married.
What often happens today when it's a destination wedding on top
of a mountain, the couple solicits witnesses by offering a free
flight. The witnesses go to the wedding and sign the certificate
but they do not give any identifying information so there is no
guarantee they could be found later if there was a question
about the marriage.
SENATOR HUGHES asked if the state has a standard form to verify
the wedding and, if so, whether he would agree to the language
she described earlier about the obligation of being a verifier.
1:51:41 PM
REPRESENTATIVE CLAMAN replied that there is a state form, but
the statute also allows churches or congregations to use their
own form as long as it has the same basic information as the
state form. If the minimum requirements are fulfilled, the
marriage certificate can be issued by the religious institution.
He opined that adding language to the state form might create
unnecessary challenges.
SENATOR HUGHES offered her view that it would be wise for the
state and church form to have the information about what it
means to verify a marriage ceremony. In light of the huge issue
associated with human and sex trafficking, she said it's
important for the verifier to know that neither party is being
forced into a marriage. She suggested having a conversation
offline because, "Putting forward laws and having something in
our statutes both that people don't know and they're
inadvertently breaking the law, I don't think that's good
practice."
SENATOR REINBOLD asked the sponsor if he had seen the letter
from Alaska Family Action Council.
CHAIR WILSON advised that the letter just came in and had not
been uploaded to BASIS.
1:54:00 PM
SENATOR REINBOLD relayed that the letter includes a reference to
Representative Johnson's point that Alaska's marriage laws are
inconsistent. A 14-year-old is able to get contraceptives or
even an abortion without parental consent or knowledge, but they
can't get married even with parental consent. She said she
supports efforts to prevent sex trafficking and asked the
sponsor if that was his primary intent.
1:55:32 PM
REPRESENTATIVE CLAMAN said the child marriage provision was
added in a house floor amendment and he fully supports those
efforts. It's a positive step toward preventing all sex
trafficking.
1:56:04 PM
At ease.
1:58:08 PM
CHAIR WILSON reconvened the meeting and advised that copies of
the letter that Senator Reinbold mentioned would be distributed
to committee members and the sponsor and it would also be
uploaded to BASIS. He noted that the sponsor had other pressing
business and asked if he had any closing remarks.
REPRESENTATIVE CLAMAN thanked the chair for hearing the bill and
expressed appreciation for the questions.
1:59:08 PM
CHAIR WILSON opened invited testimony.
1:59:21 PM
JOE CONNELLY, Owner, Chugach Peaks Photography, Anchorage,
Alaska, stated that he supports the amendment to increase the
age for marriage, but his testimony was about the long-standing
requirement to have two witnesses at a wedding ceremony. He
stated that he had been photographing weddings since 2006, and
in 2019 he approached Representative Claman for help with the
burdensome issue of requiring two witnesses at a marriage. He
related that 400-500 people come to Alaska each year to get
married, and many do not bring family or friends. There are also
up to 4,500 weddings of local Alaskans each year, many without
family or friends present.
MR. CONNELLY opined that requiring two witnesses to be present
at a wedding is an unfair burden that often falls on the
marriage commissioner or pastor. This is who is often tasked
with finding two witnesses to fulfill the state requirement. The
witnesses are doing it as a favor to the officiant.
MR. CONNELLY pointed out that many people choose Alaska as a
destination for their wedding because of its remoteness and
scenic beauty. The state has made it easy for anyone who is over
age 18 and of sound mind to perform a marriage ceremony. They
only need to make a quick visit to the court to pick up a one-
day marriage commissioner license. But then the state proceeds
to make it difficult when it says the couple must find two
people to go along to witness the ceremony, regardless of
location and the cost and difficulty of getting there. He
described this as an unfair limitation on people's choices and
freedom that serves no purpose. The person who is solemnizing
the wedding already has recognized that the couple wants to be
married and are doing so willingly. The witnesses may well be
perfect strangers who do not give any identifying information
and probably couldn't be found later if they are indeed supposed
to serve as a backup in case the marriage license is lost.
Instead, the officiant or the verifier could serve in that
capacity.
MR. CONNELLY concluded his testimony, urging the committee to
pass HB 62 thereby eliminating the requirement for two witness
to be present at a marriage ceremony.
2:05:51 PM
DAWN TYREE, Founding Member, National Coalition to End Child
Marriage in the United States, Kodiak, Alaska, stated that she
is a survivor of child marriage. After two years of sexual
assault, she was forced to marry her abuser when she became
pregnant. She was expecting her second child when she was 14,
and at age 16 she decided to flee the marriage. Because she was
a minor she could not go to a women's shelter or rent a hotel
room and she couldn't go to her parents because they had
disowned her for leaving the marriage. She had nobody to provide
child care or help her get on her feet. When the court allowed
her [ex-husband] to have unsupervised visits with her children,
she decided to risk going to jail and losing her children to get
away from her abuser and protect her children. They fled to
Kodiak, and for the first time she didn't feel she had to look
over her shoulder. she was transported across state lines.
MS. TYREE asked the legislature to join the national movement to
end child marriage, which is connected to human trafficking.
2:08:54 PM
SENATOR COSTELLO thanked her for providing her personal and
powerful testimony and her leadership in trying to help other
young girls who are in similar situations.
SENATOR REINBOLD stated that she would support any bill that
stops what Ms. Tyree was forced to experience. She also asked
Ms. Tyree to email her recommendations to improve the bill.
2:11:23 PM
CHAIR WILSON advised that written testimony can be sent to
[email protected], and it will be distributed to the members become
part of the record.
2:12:07 PM
RIMI NASHASHIBI, Founder and President, Global Hope 365, Tustin,
California, summarized her prepared testimony that is on file
and posted to BASIS. She urged the committee to support the
current version of HB 62, and to take the additional step of
raising the minimum age of marriage to 18 years old with no
exceptions. She related that Global Hope 365 is a 501(c)3
nonprofit whose focus is to end harmful practices against women
and girls such as child marriage, human trafficking, and other
forms of gender-based violence perpetrated locally and
nationally.
The current version of HB 62 harms no one, costs nothing, and
ends the specific form of child abuse that is child marriage. It
can be a coverup for statutory rape tied to human trafficking or
sexual exploitation; shield parents who are abusive, neglectful,
or unfit; and help parents avoid further responsibility for a
child.
Child marriage is a serious problem in the US today. She
reported that between 2000 and 2018, more than 300,000 minors
were married, mostly girls married to adult men. About 88
percent of these marriages prevented these would be rapists from
going to jail under state law that specifically allows within
marriage would otherwise be statutory rape.
According to the Alaska Bureau of Vital Statistics 2020 annual
report, 2,113 people between the ages of 15 and 19 were married
between 2016 and 2020. She emphasized that children lack the
rights, knowledge, and resources of adults, and are more
vulnerable to coercion and exploitation. Thus, many child
marriages are forced or coverups for other abuse, exploitation,
and crime such as statutory rape and human trafficking.
MS. NASHASHIBI cited some statistics and findings about child
marriage:
• Young women and girls ages 16 to 19 face intimate partner
violence victimization rates almost three times the
national average and experience 37 percent higher rates of
living in poverty.
• Girls who marry early are 50 percent more likely to drop
out of high school and four times less likely to graduate
from college.
• Minors are more likely to suffer both mental and physical
abuse by their husbands, and the trauma can be long
lasting.
• The American Medical Association has called for an end to
child marriage as it is associated with higher rates of:
infant and maternal mortality, sexually transmitted
infections, early pregnancy, divorce, and intimate partner
violence than women married at age 21.
MS. NASHASHIBI reported that the Trafficking Victims Protection
Act of 2008 provides the following definition of severe forms of
sex and labor trafficking:
[when] a commercial sex act is induced by force,
fraud, or coercion, or [when] the person induced to
perform such an act has not attained 18 years of age;
She stated that even though federal trafficking laws do not
define forced sex within a forced marriage as a commercial sex
act, "human trafficking" arguably can describe some forced
marriages. Elements of forced labor may also be present in cases
of servile marriage. According to reports of sex trafficking to
the National Human Trafficking hotline, in 2019 the top two ways
sex trafficking victims were recruited were through intimate
partners or family members.
MS. NASHASHIBI concluded her testimony, reading the last
paragraph of her prepared testimony:
HB 62, as amended, harms no one, but saves our
children from this type of child abuse and
exploitation. I implore you to please vote in favor of
HB 62, as amended, and go one step further by raising
the minimum age of marriage to 18, no exceptions.
Holding firm on the minimum age of marriage to 18, no
exceptions has the effect of protecting those who are
most vulnerable to being forced or coerced into
marriage, namely children. You have within your power
the ability to make Alaska a national leader in child
protection, joining a growing number of states and
territories that have eliminated child marriage in the
past five years.
2:16:39 PM
SENATOR REINBOLD expressed appreciation for her work and the
excellent testimony.
CHAIR WILSON thank the individuals who were invited to testify.
2:17:08 PM
CHAIR WILSON public testimony on HB 62.
2:17:28 PM
FRAIDY REISS, Founder and Executive Director, Unchained At Last,
Westfield, New Jersey, stated that she is a published expert and
service provider who helps forced and child marriage survivors
escape their situations. She urged the committee to amend HB 62
to eliminate all marriage before age 18, with no exceptions. She
emphasized that marriage at age 16 or 17 is just as dangerous as
marriage at age 14 or 15. She highlighted that current law
provides no recourse for a minor whose parents force them into
marriage, and that the parents are usually the perpetrators.
There is nothing the court can do once the parents sign the
consent form. Shelters turn minors away due to liability
concerns and any contract with an attorney is likely voidable.
MS. REISS stated that the US State Department categorizes
marriage for even for the most mature minor as a human rights
abuse. It can have devastating and life-long repercussions
affecting health, education, economic opportunities, and
physical safety. Alaska law states that a minor who is married
is automatically emancipated, which typically forces the child
to become financially dependent on their spouse. Between 70 and
80 percent of marriages before age 18 end in divorce, which can
then lead to homelessness. She highlighted that 99 percent of
the minors who marry in Alaska are age 16 or 17. This means that
811 of the 823 minors who married in Alaska between 2000 and
2020 were age 16 or 17. As currently written, HB 62 will only
protect one percent of the minors it seeks to protect. She noted
the unusual military exceptions to marriage in Alaska law and
urged the committee to amend HB 62 to raise the age for marriage
to 18 with no exceptions, thereby ending child marriage in
Alaska.
2:20:22 PM
SENATOR REINBOLD requested the names and contact information for
the last two testifiers.
CHAIR WILSON agreed to share the list of names and
organizations, and informed the testifiers that they could reach
out to Senator Reinbold at their discretion.
MS. REISS said she was happy to do so.
2:21:21 PM
REVERAND CIAN MULHERN, Senior Pastor, Celtic Ministries,
Wasilla, Alaska, stated that he performs about 150 wedding
ceremonies each year, 90 percent of which are destination
weddings. He agreed with Mr. Connelly that most of the couples
do not bring family or friends to participate in the wedding. He
noted the previous testimony about witnesses and the discussion
about a verifier and questioned how a person could verify that
two people got married if they did not attend the marriage. He
said he did not agree with the current two witness requirement
since other states require just the officiant and the couple to
be present. He pointed out that when a couple applies for a
marriage license with the Bureau of Vital Statistics or the
court, their signatures at that time are notarized or verified,
which indicates that the people understand the implications and
importance of what they are doing. He said he didn't know why
there was need for a witness because they don't need to give
their identifying information.
REVERAND MULHERN stated support for the current version of HB 62
that includes the amendment to end child marriage.
2:24:04 PM
ALEX GOYETTE, Senior Public Policy Associate, Tahirih Justice
Center (Tahirih), Virginia, Alaska, stated that TJC is a
national legal services organization that works with the
survivors of domestic violence, sexual assault, human
trafficking, and other forms of abuse that generate violence,
including forced marriage. He relayed that Tahirih's forced
marriage initiative has helped hundreds of people in the US
faced with forced marriage. This includes people in Alaska and,
unfortunately, many children. He highlighted that children under
age 18 are particularly vulnerable to forced marriage and have
limited options to escape or protect themselves because they do
not have the legal rights of an adult.
MR. GOYETTE stated that forced marriages in particular can
involve both physical violence and extreme psychological abuse.
When the parent is the one being coercive, marriage can appear
to be the only option for a very dependent teen. Tahirih
appreciates the amendment that increases the age of marriage
from 14 to 16, but urges the committee to do more to end child
marriage by setting the age for marriage to 18. Most children
who marry in Alaska are age 16 and 17 but the state still
considers them children so they have the limited legal rights of
children. This makes it difficult and dangerous to resist a
forced marriage or leave an abusive spouse.
MR. GOYETTE cited reasons that current Alaska law poses such
serious child protection concerns:
1. The parental consent exception may conceal parental
coercion.
2. Alaska not only has the lowest minimum age for marriage of
any state statute, but also falls below the state's legal
age of consent to have sex. Combined with the state's
spousal defense for statutory rape, the current law serves
as a workaround for sexual predators.
MR. GOYETTE stated that the current version of HB 62 is a step in the
right direction, but more can and should be done to protect Alaska's
children by raising the age for marriage to 18, with no exceptions.
This will end child marriage.
2:26:21 PM
GENEVIEVE MEYER, Co-Founder, Resiliency Foundation Fort Wayne,
Indiana, stated that the foundation works to end child marriage
and support survivors like herself. She described her supportive
and fulfilling marriage of 15 years but said this wasn't her
first marriage. She shared her story reading the following:
At the age of 15, a 43-year-old alcoholic, unemployed,
twice divorced father of two began to prey on me. My
mother called the police and pressed charges. He
bailed out quickly and got to work to convince my
mentally ill mother to let him marry me.
Before this man even made it to his court appearance
over charges of lewd acts against me, he convinced my
mother that I was the aggressor at the age of 14, that
I was troubled and that only he could save me. He was
determined to not only escape any legal consequences
for his actions, but to also obtain a child bride that
he could control and violate without further
consequences.
I was then drug to four different states over the
course of several weeks. We were finally married, just
the two of us in a county courthouse. We arrived home
to an eviction notice on the door of his trailer. The
charges were dropped against him, and I began my
sentence which lasted until I could escape several
years later.
th
My education stopped at 8 grade, I had no control
over my body, I could not access a doctor or any kind
of family planning. I worked as much as I physically
could in "under the radar" jobs because I couldn't
apply for a work permit and I wasn't old enough to be
legally employed by anybody. And still went hungry; I
couldn't purchase things like shampoo and toothpaste
on a regular basis. By our second anniversary I began
contemplating if I had the will to keep fighting to
survive or to end my life. Being a minor, I could not
file for divorce or live on my own and death began to
look like my only way out. I couldn't drive and was
completely isolated. He would encourage me to drink
alcohol and to use drugs to "chill out." I knew that
if I began using drugs, I would never make it out and
refused over and over again.
MS. MEYER continued her testimony:
It took me decades to recover mentally, emotionally,
and physically from this traumatic experience. I had
to relearn how to be in a normal healthy relationship,
to trust again and to not be terrified all the time.
If I had been married at 16 or 17, the circumstances
and consequences would have been the same, only for a
shorter period of time.
This is the reality of child marriage today. It is
used to cover up abuse, traffic, children and evil in
general. The data grossly underrepresents child brides
quietly suffering across our nation. We are isolated
but we are not invisible, we are hiding in plain sight
all around you.
My first marriage was not a marriage, child marriage
and these sick excuses for abuse and violation make a
mockery of the beauty that is marriage. Please help us
close this loophole so that not one single girl must
live through the nightmare that I did.
I am asking today on behalf of myself, my fellow
sisters who cannot speak up, the older church ladies
who tell me that even though they married young, it's
not the same today. Please raise the minimum age to
marry in Alaska to 18-years-of-age, no exceptions,
because none of us are safe until all of us are safe.
CHAIR WILSON thanked her for her testimony.
2:30:45 PM
SENATOR COSTELLO stated that the committee appreciates the
courage it took to testify today and share your story.
CHAIR WILSON advised that the committee was not currently
considering an amendment to HB 62 but one was likely
forthcoming. He asked the sponsor to provide his written
comments on the suggested amendment to raise the minimum age of
marriage in Alaska to 18.
2:31:49 PM
CHAIR WILSON held CSHB 62(JUD) am in committee.
2:32:34 PM
There being no further business to come before the committee,
Chair Wilson adjourned the Senate Health and Social Services
Standing Committee meeting at 2:32 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 62 Sponsor Statement v. B.A 3.23.2022.pdf |
SHSS 4/5/2022 1:30:00 PM |
HB 62 |
| HB 62 Summary of Changes v. A to v. B.A 3.23.2022.pdf |
SHSS 4/5/2022 1:30:00 PM |
HB 62 |
| HB 62 Supporting Testimony - Received as of 3.18.2022.pdf |
SHSS 4/5/2022 1:30:00 PM |
HB 62 |
| HB 62 Sectional Analysis v. B.A 3.23.2022.pdf |
SHSS 4/5/2022 1:30:00 PM |
HB 62 |
| HB 62 Testimony 3.24.pdf |
SHSS 4/5/2022 1:30:00 PM |
HB 62 |
| HB 62 Supporting Document - Marriages, Alaska Residency Status (2016-2020) 4.5.2022.pdf |
SHSS 4/5/2022 1:30:00 PM |
HB 62 |
| Testimony in support of AK HB 62 as amended by Rima Nashashibi 4 (2).pdf |
SHSS 4/5/2022 1:30:00 PM |
HB 62 |
| HB 62 Testimony 4.4.22.pdf |
SHSS 4/5/2022 1:30:00 PM |
HB 62 |
| L.WILSON.HB.62.pdf |
SHSS 4/5/2022 1:30:00 PM |
HB 62 |