Amnesty International is now up in arms over the Taliban's recent passage of a law allowing child marriage. I have pointed out in previous essays that the Taliban law is not much different from late 19th century US law. In fact, it isn't much different than the current law in several US states.
But, when you think about it more deeply, the Taliban law is actually not much different from current US federal law.
All 50 states and Washington, D.C. (51 jurisdictions total) allow minors to consent to STI testing and treatment without parental consent. Meanwhile, 24 states + D.C. explicitly allow all minors to consent to contraceptive services:
- 16 states allow it under specific circumstances (e.g., married, pregnant, parent, mature minor, or health risk).
- A few states have no explicit policy (providers may rely on general "mature minor" doctrines or other rules).
- 2 states (e.g., Texas in some contexts) have stricter rules, though federal programs can influence this.
Title X Family Planning Program (federal funding for clinics) requires providers to offer confidential services to minors without requiring parental consent or notification. Other federal rules like HIPAA generally treat minors who consent to their own care as having privacy rights over that information.
So, both the Taliban and American federal and state law allow minor children to engage in sex. In America, this is commonly protected activity, something a minor can engage in without parental permission or even parental knowledge. The government will actively work with the minor to make sure the parents never find out. In many cases, any attempt to notify the parents is actually a crime.
Meanwhile, the Taliban require that all sexual activity take place within the social construct of marriage, thereby providing at least a minimal structure of protection and care for the child engaging in sex.
So, explain how America, which allows minors to be used, abused and discarded, is morally superior to the Taliban, which requires minors at least be married and cared for within the confines of marriage.
Apart from the superior care for children expressed in the Taliban law, I honestly don't see that much difference between American practice and Taliban practice.