All Roll Calls
Yes: 112 • No: 48
South DakotaSB 159101st South Dakota Legislature (2026)Senate
revise requirements pertaining to the minimum age for marriage.
Sponsored By: Pischke, Tom (Republican)
Signed by Governor
Domestic RelationsLicensureMarriageMinors
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 2 costs, 1 mixed.
Stricter marriage age limits for teens
In South Dakota, both applicants generally must be 18 when their marriage license is issued; nobody under 16 can marry. At 16 or 17, each minor needs a circuit court order finding the marriage voluntary and in their best interest. The court order and a certified copy must be submitted to the register of deeds. Each minor also needs notarized written consent from two parents or their legal guardian, submitted to the county register of deeds. If either applicant is under 18, the age gap cannot exceed four years.
Court checks and delays for teen marriages
For court approval of a minor's marriage, both applicants must attend an in-person hearing. The court must meet privately with each applicant. It must write findings about each minor's safety, maturity, and long-term welfare. It must also make written findings on whether both applicants freely choose marriage, without coercion, fraud, or undue influence. The marriage license cannot be issued until 30 days after court approval.
Criminal penalties for unlawful marriage ceremonies
A person who knowingly performs a marriage ceremony for a minor who has not met the law's requirements commits a Class 1 misdemeanor. Those requirements include age limits, consent, court review, and the waiting period. The penalty also applies when either person is of unsound mind or another legal barrier prevents the marriage.
Sponsors & Cosponsors
Sponsor
Pischke, Tom
Republican • Senate
Cosponsors
Grove, Tamara R.
Republican • Senate
Perry, Carl
Republican • Senate
Randolph, Tony
Republican • House
Voita, Mykala
Republican • Senate
Roll Call Votes
Senate vote • 3/10/2026
Concurred in amendments
Yes: 31 • No: 3
House vote • 3/5/2026
Do Pass Amended
Yes: 40 • No: 27
House vote • 3/2/2026
Do Pass Amended
Yes: 7 • No: 5
Senate vote • 2/24/2026
Do Pass Amended
Yes: 25 • No: 8
Senate vote • 2/19/2026
Motion to amend
Yes: 4 • No: 3
Senate vote • 2/19/2026
Do Pass Amended
Yes: 5 • No: 2
Actions Timeline
Signed by the Governor
3/30/2026SenateDelivered to the Governor
3/12/2026SenateSigned by the Speaker
3/11/2026HouseSigned by the President
3/11/2026SenateConcurred in amendments
3/10/2026SenateDo Pass Amended
3/5/2026HouseDo Pass Amended
3/2/2026HouseMotion to amend
3/2/2026HouseScheduled for hearing
3/2/2026HouseFirst read in House and referred to
2/25/2026HouseDo Pass Amended
2/24/2026SenateMotion to amend
2/24/2026SenateDeferred to another day
2/23/2026SenateDo Pass Amended
2/19/2026SenateMotion to amend
2/19/2026SenateScheduled for hearing
2/19/2026SenateScheduled for hearing
2/17/2026SenateFirst read in Senate and referred to
1/29/2026Senate
Bill Text
Introduced
1/29/2026
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