Gay marriage Bans vs. Transgenders

[chadknowslaw]

A lot of uptight states have laws that say only a man can marry a woman.

Many states have had to address the issue of transgender citizens that want to have their birth certificate changed to reflect the gender they present [how they appear]. Some have had gender reassignment surgeries.

California basically says "You are who you present yourself to be. We can change that birth certificate for you".

Some states say "You are who you were when you are born, there is no changing birth certificates"

So, lets say a state like Kansas takes the position that if you are born female, you are always female. Also in Kansas, a man can only marry a woman.


SO, a person born female goes through all the gender-reassignment surgery and completely presents as male. That person then applies to for a marriage license to marry a man who was born male. You now have what appears to be a man marrying a man, but complies with Red State Law.

However, if a state allows a transgender person to change the birth certificate, then that state allows a person who is born a woman but is reassigned as a man to marry a woman.

Transgender issues will challenge the fundamentalists and support tearing down anti-gay marriage laws.

[Kushiel]

:hipster:
You're like some kind of superhero, Chad.
This actually brings to mind several couples I know.
One couple just had a child, and the mother(father) is about to have gender reassignment surgery.. He had to stop taking hormones for the sake of the children's health.

How would a state treat that? The couple have been married for years... Would the state attempt to dissolve the marriage because it would now be a homosexual partnership, or would they be forced to accept it and move on, because it's already done?

Another couple from back home, James and Jamie... who were previously Jamie and James (respectively) who have both gone through reassignment.
The courts would have to honor it either way, yes? They would still be of opposite gender no matter how the dice fell.

You're quite right, and I hadn't actually considered it in that light before - it's always just been people fulfilling themselves. I'd never taken it a step further into thinking about it as regards the law and politics. Thanks for the eye opener.

Kindest regard,

Kush

[chadknowslaw]

I am SO far from superhero status! I do think superhero costumes are hot, however..... :-)


Transgenders are the ones often left out, marginalized, and looked at oddly even by the GLB's in the GLBT organizations. However, I think they have a crucial role in tearing down anti-gay marriage amendments because their situations create destructive tension in anti-gay laws.

Hooray for the UnderDogs!

[Trixie]

My "boy"friend of five years and have been getting pretty psyched about this, too since it directly affects us. As long as we get married before she changes her gender on her drivers license, we are and can stay LEGALLY MARRIED, yet will wind up a same sex marriage.

We love the loophole and it feels pretty fucking awesome to be part of something that will fuck with conservative sensibilities (not that that's the only reason we want to get married, but anyway).

[chadknowslaw]

EXACTLY!!!


The only marriage amendment that makes sense to me is one that limits marriage to two consenting adults. There is no sound legal reason why those two persons have to be of any particular gender. There are sound legal reasons why marriage is between two persons, no more. Marriage is a bi-lateral agreement, and tri-angles or quadrangles just do not work. [if 3 persons are married, and one wants out, or one dies, divorce or probate do not know how to handle that situation. If 2 persons are married, regardless of gender, divorce and probate have no problem dividing property and responsibilities]

[Kushiel]

My "boy"friend of five years and have been getting pretty psyched about this, too since it directly affects us. As long as we get married before she changes her gender on her drivers license, we are and can stay LEGALLY MARRIED, yet will wind up a same sex marriage.

We love the loophole and it feels pretty fucking awesome to be part of something that will fuck with conservative sensibilities (not that that's the only reason we want to get married, but anyway).

Congrats, Trixie!
You both have my best wishes!
And yes, it is pretty exciting... I honestly hadn't thought of the loophole until this thread came up.

Kindest regards,

Kush.

[Trixie]

Thanks! :broccoli: