Transgender Same Sex Marriage Loophole

[gypsycookie]

Katie and I were talking about marriage, casually and sorta jokingly, this weekend. We both lamented the fact that we could have legally married at one point, but now, it seemed impossible. Just then, her roommate chimes up and cited a legal case where a transgender couple was able to get married. Turns out, there's a loophole in FL law that actually allows same sex marriage if at least one party is transgender.

I think it's pretty stupid, the reasoning that created the loophole. Katie seemed to think so too. The loophole is that FL and a few other states don't recognize any other gender other than the one assigned to you at birth by a doctor.

Don't they realize that doctors make mistakes sometimes?

Here's a link to the HRC site about the loophole --> http://www.hrc.org/issues/transgender/1419.htm

How do you feel about it?

[Myojine]

sexist *******s
this loophole makes absolutely no sence...
you know..people are just to ignorant to understand sometimes.

[EnglishRose]

The way it affects me personally right now, as I understand it: if I should transition, my marriage still won't be same-sex, defined in legal terms. It will be based on my sex, registered when we became married.

Of course, some a^%hole can introduce law to change that at any point, so I'm definitely not blase about it. So, of course, it would be far preferable for marriage to be between people no matter their gender, especially as the loophole does not benefit people who transition to the other sex from their partner.

[luvSophia]

State laws are in such a state of flux right right now with respect to anything having to do with sexual orientation and gender identity that I wouldn't put much weight on what any of them say today in those regards. That article on the HRC doesn't say when it was posted, but it is out of date WRT the current state of laws regarding same sex marriage. Some states are drifting more liberal while others are heading in a conservative direction.

Just my personal opinion, but I don't expect that things are going to settle down in this area until there is a federal position on it, as in a few cases going to the U.S. Supreme Court to provide precedence that will hold weight at all levels of government.

[Rachel_Red]

Here is a funny question. My fiance and I are getting married soon... I'm still legaly a "male" as I haven't moved through the bulk of my transition. With that said could we get married as "man and woman" and have our marriage still valid after we become "woman and woman"? We live in California if anyone knows if such loopholes are still here? :devil:

[pamela_a]

I cannot speak for everywhere but I have been told that many (most?) states cannot invalidate a marriage if one of the parties transitions.

[Stephenie S]

Once married, always married. Until divorced, of course. Transition can NOT invalidate a legal marriage. Plain and simple.

[SunshineInSoFla]

Wow... so according to this, no matter who I marry, it means that the marriage can be invalidated by filing from the right state.

EEP!!!!

[GypsyKaren]

The way I understand it, most states don't want to get dragged into the issue and leave things be.

KS

[Katesback]

Thinking that the whole transgender marriage thing just confuses the hell out of the rest of the world. On the plus side, if gay marriage is legalized on a much grander scale, we might not be having this discussion. Marry whoever ya want. Seems a reasonable approach to me.


Katie
Snip-Snip

[giuseppina]

In Canada, the issue is moot, as same sex marriage is legal and recognised here. It matters not if the partners go into marriage as two males or two females or if one changes sex partway through.

[sherri52]

You should get married any time you can. We never know which way the wind will blow next.

[Rachel_Red]

In Canada, the issue is moot, as same sex marriage is legal and recognised here.

If only the US were as wise and open minded. We claim to be a tolerant nation... a land of the free... our constitution even states "prasute of happieness," sadly that only counts if you're "normal".

[Alyssa82]

maybe we can make a list of what each US state allows regarding transsexual marriage

[SunshineInSoFla]

That sounds cool.
For me so far in Florida.
Birth Certificate and US Passport both say male.
Florida: Legally married to female 1991, divorced 2002
Gender changed on FL driver's licence in 2004.
Florida: Legally married to male 2007, divorced 2010
(BC and Passport still say male, in case I find MS right instead of MR right, I like having options.)

[lizlizzie]

I cannot speak for everywhere but I have been told that many (most?) states cannot invalidate a marriage if one of the parties transitions.

According to a seminar I attended recently on the issue presented by a transgender attorney, I learned the following - Texas has done so, Texas has some very convulated case law on the issue.

In most states, at this point, though, the mariage is not invalidated by transition. For those states who define a marraige as between a man and woman, it remains valid after transition because it was valid at the time of the ceremony/license.

The problems arise when after transition you list a same sex spouse on your healh insurnance and that provider doesn't honor it, or simliar things. In regards to protecting your rights that go along with marriage, your best option is to then enter into a domestic partnership, which is then controlled by contract law.

I am not a lawyer and not providing legal advice, just passing on what I heard at a seminar.