Idaho Supreme Court won’t weigh legality of child marriage
Personal Injury
A legal loophole in Idaho that allows parents of teens to nullify child custody agreements by arranging child marriages will remain in effect, under a ruling from the state Supreme Court on Tuesday.
In a split decision, the high court declined to decide whether Idaho’s child marriage law — which allows 16- and 17-year-olds to marry if one parent agrees to the union — is unconstitutional. Instead, the justices said that once a child is emancipated by marriage, the family court loses jurisdiction over custody matters.
The case arose from a custody battle between a Boise woman and her ex-husband, who planned to move to Florida and wanted to take their 16-year-old daughter along. The ex-husband was accused of setting up a “sham marriage” between his daughter and another teen as a way to end the custody fight.
It’s not a rare scenario — all but seven states allow minors below the age of 18 to marry, according to Unchained At Last, an organization that opposes child marriage. Nevada, Idaho, Arkansas and Kentucky have the highest rates of child marriage per capita, according to the organization. Although minors are generally considered legally emancipated once they are married, they generally still have limited legal rights and so may be unable to file for divorce or seek a protective order.
Erin Carver and William Hornish divorced in 2012, and only their youngest was still living at home last year when both sides began disputing the custody arrangements.
Carver said she learned Hornish was planning a “sham marriage” for the teen to end the custody battle, and asked the family court magistrate to stop the marriage plans. Several days later, the magistrate judge agreed, but it was too late. The teen had already married.
The high court heard arguments in March, and Carver’s attorney contended that the child marriage law is unconstitutional because it allows one parent to terminate another parent’s rights without due process. Hornish’s attorney, Geoffrey Goss, countered that his client had acted legally and followed state law.
In Tuesday’s ruling, a majority of the Supreme Court justices said that because the marriage had occurred before an initial ruling was made, the family court lost jurisdiction. Once a child is married, they are emancipated and no longer subject to child custody arrangements, the high court said.
Related listings
-
Graham appeals order to testify in Georgia election probe
Personal Injury 08/18/2022U.S. Sen. Lindsey Graham has formally appealed a judge’s order requiring him to testify before a special grand jury investigating whether former President Donald Trump and others illegally sought to overturn his 2020 election defeat in Georgia....
-
Breyer, Gorsuch join to promote education about Constitution
Personal Injury 08/12/2022education about the Constitution, joining Justice Neil Gorsuch at a time of intense political polarization and rising skepticism about the court’s independence.The National Constitution Center in Philadelphia said Thursday that Breyer and Gorsu...
-
Maryland’s highest court reviewing teen sniper’s life term
Personal Injury 02/19/2022Maryland Gov. Larry Hogan announced the appointments of two judges to the state’s highest court on Thursday. Harford County Circuit Court Judge Angela Eaves has been appointed to the Maryland Court of Appeals. Eaves, who is the first Hispanic j...

Thai National Sentenced, Faces Deportation for Operating Immigration Fraud Scheme
Nimon Naphaeng, 36, a native and citizen of Thailand, who resided in Wakefield, R.I., was sentenced Monday to 27 months in federal prison for running an immigration fraud scheme that defrauded more than 320 individuals, most of them immigrants, of at least $400,000, and perhaps more than $518,000.
The scheme included the unauthorized filing of false asylum applications on behalf of individuals who did not request, nor authorize, the applications.
“U.S. Citizenship and Immigration Services does not tolerate immigration fraud of any kind,” said Susan Raufer, director of the USCIS Newark Asylum Office. “We are proud of our role in uncovering this fraud scheme and bringing the perpetrator to justice.”
At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.