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satin n lace
08-08-2011, 02:44 PM
Ok your married as a husband and wife then you go through hrt then srs and now your a female. Are you still considered married or do you loose all your rights being together since they don't alow same sex marriage.

Jess Marie
08-08-2011, 02:49 PM
I would have to say that you are allowed to be married. States recognize gay marriages, but don't allow them to happen in their state. You would go through a little legal trouble, but I am pretty sure that you would be unchanged. Then again, I am not sure legislation has been put into place about transformation during a marriage either, so it is hard to call.

RADER
08-08-2011, 02:51 PM
That is a good question; My brother did that, had SRS and the whole 9 yards about 18 years ago.
Still lives with his wife, and the kids all grown and moved away, still return for visits on occasions.
I think the Marriage license is still in effect, since there was no Divorce Acton to legally separate the two.
He did change his name from a male to a female name, and his drivers license. I guess their must be a court
case some where to settle this question.
Rader

AllieSF
08-08-2011, 02:52 PM
Actually, that is a problem for some states now. How do they treat individuals who are already married and then one or both transition to the opposite birth gender while married? I think that there is a case or two in Texas right now where one partner lost all married rights. It varies by state here in the USA and is definitely not clearly defined yet.

Sandra
08-08-2011, 02:55 PM
In the UK you are still your birth gender, until you obtain your GRC, when you can officially change your birth gender. If you are married and not got a GRC then in the eyes of the law you are still married as man and wife. If you have the GRC, then the marriage has to be annulled as here in the UK same sex marriages are not allowed, which personally I think stinks

rachellegsep
08-08-2011, 06:00 PM
Believe it or not South Africa is one of the most progressive leaders with legistration already in place for equality in glbt rights. Same sex marriages are protected by law already here.

linda allen
08-10-2011, 07:03 AM
If you want the answer, not speculation, you're going to have to ask an attorney in the state you are concerned with. It's a legal question, not a moral one.

Natalee
08-10-2011, 10:12 AM
Why is there never any discussion to get states OUT of our personal lives!! Everybody just accepts that the State (your adult parents), are in charge of affirming your love life. I would TRULY love if, during these same-sex and even man-woman marriage discussions; you would also include the desire that the States be CAST-OUT of the marriage business. And they call it a "license", as if it's a right granted to you via the state; screw them.

I was pissed having to sign that license document on the day of marriage to my beautiful wife. I locked that disgusting piece of paper away in my safe, never to be displayed or breathe air again.

kellycan27
08-10-2011, 10:39 AM
You are still legally married, at least here in the US.

Aleria
08-10-2011, 10:47 AM
Just an aside, but did anyone else have a Princess Bride moment? :)

ReineD
08-10-2011, 11:12 AM
If you have the GRC, then the marriage has to be annulled as here in the UK same sex marriages are not allowed, which personally I think stinks

Not in your situation, Sandra, but if in the UK someone has GRC and then they decide to divorce. They wouldn't need to since the marriage has to be annulled, but how does this affect property division laws? In other words once the marriage is annulled, does the State consider that all the property acquired in the marriage should be split 50/50?


And they call it a "license", as if it's a right granted to you via the state; screw them.

This has to do with property laws and also succession laws, which is the whole idea behind marriage to begin with: to assure that property is handed down to the proper heirs (the children), and not anyone who lays claim to it.

I'm guessing that Churches used to be the record keepers centuries ago, but it became difficult to manage since there are so many, and it became simpler to have one central body to manage it all. This is probably why gay marriages never officially had to be recognized, since there could be no children out of these marriages. Centuries ago marriages were not about love, but were about property.

Same with birth records. In Quebec where I come from, years ago official records of birth were issued by the Church when people got baptized. A problem arose when foreigners would get their children baptized in Quebec, and then lay claim to Canadian citizenship for the kids. Now, the birth certificate has to be issued by the government, who receives the information from the place where the child was born.

Someone has to be in charge of maintaining the validity of birth, marital, and death records, and if it is not a central government, then who would it be?

My issue with all of this is in the State DECIDING that unions between gay couples are not valid, and I don't know where this comes from. Perhaps it has its roots in the Churches who granted marriages to begin with? But now, States are beginning to recognize such marriages, despite what the churches say, so they at least are more progressive. I think it's just a question of time before all States will not differentiate between cis hetero people and gay/trans people when it comes to granting legal rights. Also I believe it is only a question of time before governments universally acknowledge gender changes. These things take time and there has only been an explosion of people having SRS, or gays wanting to be married, in the last generation or so.