House OKs bill to ban minors from common-law marriages

? Common law marriages among minors would be banned under a bill the House approved Wednesday, while the Senate passed a measure to abolish such arrangements altogether.

In the House, the vote was 120-1, with the only “no” vote coming from Rep. Ralph Tanner, R-Baldwin, who said he supports the Senate bill. Senators approved their bill, 31-9.

The House bill went to the Senate; the Senate plan was sent to House members. Both chambers had debated their respective measures Tuesday and given them first-round approval on voice votes.

Legislators were inspired to attack common law marriages  which require no certificate  after hearing the story of Sara Shelton, 16, of Buffalo. She testified she was raped and had two children by the same man by age 14.

That man, Jerry Paul Crooks Jr., is serving a 25-year prison sentence for rape. Crooks testified during his trial in Butler County that he and the girl had a common-law marriage, an assertion jurors rejected.

Since 1913, Kansas courts have declared the common law age of consent for marriage is 14 for boys and 12 for girls; they do not need the permission of their parents or guardians.

Courts also have said a common law marriage is valid if the partners are physically able to marry and live together as a married couple  even only briefly.

Under the Senate bill, the state would not recognize any common-law marriages entered into after June 30.

“It’s no longer the case that there are a lot of people living out on the prairies, without a minister or justice of the peace,” said Senate Judiciary Committee Chairman John Vratil, R-Leawood.

But some legislators believe a common-law marriage between two adults can protect the partners’ property rights.

Rep. Jan Pauls, D-Hutchinson, said if one partner in a common-law marriage dies, the other can obtain Social Security benefits and inherit property. Also, if they are widows or widowers, they still can collect their late spouse’s pensions if they enter into a second, common-law marriage.

Common-law marriages involving adults have been recognized in Kansas since at least 1886, when the Supreme Court upheld a Shawnee County man’s bigamy conviction.

Only the District of Columbia and seven other states still recognize such marriages  Alabama, Colorado, Iowa, Montana, Pennsylvania, Rhode Island and South Carolina.