SB 159 South Dakota Senate · 2026 Regular Session

revise requirements pertaining to the minimum age for marriage.

SB 159 raises South Dakota's minimum marriage age to 18, eliminating the previous exception allowing 16- to 17-year-olds to marry with parental consent. It requires court approval for any minor under 18 to marry, mandating an in-person hearing where the court assesses the minor's safety, maturity, and whether the marriage is voluntary, with written findings required. Alternatively, two parents' notarized consent (instead of one parent's) may be submitted, but the marriage license cannot be issued until 30 days after judicial approval. The bill also increases penalties for officiants who solemnize marriages without proper consent, classifying violations as a Class 1 misdemeanor. This directly affects minors aged 16-17 seeking marriage, their parents/guardians, and marriage officiants.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Feb 2026
House Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 29, 2026 Signed Mar 30, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

House State Affairs Engrossed Enrolled · 3 edits · Mar 11, 2026
MINOR
This bill revises South Dakota's marriage laws to set a strict minimum age of 18 for all individuals. It eliminates the previous ability for minors to marry with parental consent or a court order, removing the option for minors aged 16 or older to bypass the age limit. The only exception remains for individuals who are 18 or older, and the bill adds criminal penalties for officials who solemnize marriages violating these new age requirements.
Scope change
The bill significantly narrows the scope of who can marry by removing exceptions for minors, applying the 18-year minimum age limit universally.
ELIGIBILITY

Raised the minimum age for marriage to 18 for all applicants, removing the previous allowance for minors aged 16 or older to marry with parental consent or court approval.

Deleted provisions that allowed a minor to obtain a marriage license through a circuit court order or notarized parental consent.

ENFORCEMENT

Established that solemnizing a marriage where a party is under 18 without meeting the new requirements is now a Class 1 misdemeanor.

Floor votes · Senate Feb 24, 2026 · House Mar 5, 2026

How they voted

258
Passed · 2 other
Total votes 35
Feb 24, 2026
D Democratic3
3 Yea
100% Yea
R Republican32
22 Yea 8 Nay 2
68% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
20
Key actions
11
Committee
4
Amendments
3
Mar 30, 2026
Signed into law
Signed by the Governor on 2026-03-30 S.J. 549
executive
Mar 11, 2026
Lower · Passed
Signed by the Speaker H.J. 560
lower
Mar 11, 2026
Lower · Passed
Signed by the President S.J. 525
lower
Mar 10, 2026
Lower · Passed
Senate Concurred in amendments , Passed, YEAS 31, NAYS 3 S.J. 512
lower
Mar 5, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 40, NAYS 27 H.J. 526
lower
Mar 5, 2026
House · Passed
House Vote: pass (40-27-3)
house
Mar 2, 2026
Lower · Passed
State Affairs Do Pass Amended , Passed, YEAS 7, NAYS 5
lower
Mar 2, 2026
Introduced
State Affairs Motion to amend , Passed, Amendment 159E
lower
Feb 25, 2026
Introduced
First read in House and referred to House State Affairs H.J. 445
lower
Feb 24, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 25, NAYS 8 S.J. 379
upper
Feb 24, 2026
Introduced
Senate Motion to amend , Passed, S.J. 377 Amendment 159C
upper
Feb 24, 2026
Senate · Passed
Senate Vote: pass (25-8-2)
senate
Feb 23, 2026
Upper · Passed
Senate Deferred to another day , Passed, S.J. 355
upper
Feb 19, 2026
Upper · Passed
Judiciary Do Pass Amended , Passed, YEAS 5, NAYS 2 S.J. 25
upper
Feb 19, 2026
Introduced
Judiciary Motion to amend , Passed, YEAS 4, NAYS 3 S.J. 25 Amendment 159A
upper
Jan 29, 2026
Introduced
First read in Senate and referred to Senate Judiciary S.J. 140
upper
5 primary · 0 co-sponsors

Sponsors