? about being married after transition

[satin n lace]

My wife and i are wondering what happends to our rights as being married after i transition. I'm going to be starting my HRT within a month and hoping to get a srs surgury in about three to five years.

So does anybody know or experenced this situwation on what happends to our rights as a married couple.Can they take it away which is not right why should the goverment be able to take our rights away. Why should people tell us who you can and cannot marry.

People need to open there eyes and see that we are all human and where happy i know i'm the happiest i have ever been in my life because i'm becoming who i should have been since i was born and i have a wonderful wife that is going to be with me for the rest of our life.

Thanks Jessica

[kellycan27]

My wife and i are wondering what happends to our rights as being married after i transition. I'm going to be starting my HRT within a month and hoping to get a srs surgury in about three to five years.

So does anybody know or experenced this situwation on what happends to our rights as a married couple.Can they take it away which is not right why should the goverment be able to take our rights away. Why should people tell us who you can and cannot marry.

People need to open there eyes and see that we are all human and where happy i know i'm the happiest i have ever been in my life because i'm becoming who i should have been since i was born and i have a wonderful wife that is going to be with me for the rest of our life.

Thanks Jessica

You'll still be married just as before. no worries. Regardless of your new gender you're still a gm as far as the gov't is concerned. Had you married before transition you might have had to face some issues. I got married post transition and we had to go to a state where same sex marriages were legal. I had all the proper documents and could have gotten married in my home state of Nevada, but if something were to come up, Nevada would not have recognized the marriage, but ( here's the kicker) since i did get married where it was legal..Nevada will recognize it as legal.. WTH? lol

[sterling12]

BUT, it wouldn't hurt to check your particular state's laws. I heard something to the effect that there is a hodge-podge of different laws and it varies from state to state. Yeah, it would make sense that if A Couple wanted to stay together, why would The State interfere? However, laws have little to do with logic, and often can be the reflection of some minoritie's narrow viewpoint.

If in doubt, consult A Lawyer and get a legal opinion. it might be money well spent!

Peace and Love, Joanie

[kellycan27]

BUT, it wouldn't hurt to check your particular state's laws. I heard something to the effect that there is a hodge-podge of different laws and it varies from state to state. yeah, it would make sense that if A Couple wanted to stay together, why would The State interfere? However, laws have little to do with logic, and often can be the reflection of some minoritie's narrow viewpoint.

If in doubt, consult A Lawyer and get a legal opinion. it might be money well spent!

Peace and Love, Joanie

She's in Ca, and now so am I . I did a lot of research before hand and she has no worries...Her marriage will still be as valid as the day she was married. SRS is cosmetic as far as the gov't is concerned.

[juno]

First, I want to congratulate anyone who can get there marriage to hold through SRS! Many try and fail.

Second, it will be difficult because the marriage will exist on paper, but only be valid in certain states. Traveling could have some unexpected issues. Currently, Texas marriage laws go according to your original gender, so a TS can only marry the same gender. (At least I think it is still that way.) Let's all hope that this B.S. goeas away, and we can end marriage discrimination.

[kellycan27]

First, I want to congratulate anyone who can get there marriage to hold through SRS! Many try and fail.

Second, it will be difficult because the marriage will exist on paper, but only be valid in certain states. Traveling could have some unexpected issues. Currently, Texas marriage laws go according to your original gender, so a TS can only marry the same gender. (At least I think it is still that way.) Let's all hope that this B.S. goeas away, and we can end marriage discrimination.


She's already married.. she won't have that issue. She was married prior to transition. Nothing has changed in the eyes of the gov't. The state WILL allow you to change your gender, but you're still a GM as far as they are concerned.

[sissystephanie]

I would like someone to show me the state law that would allow that state to dissolve a marriage where SRS occurs!! I have heard this several times on this Forum, but have never seen it proved! I believe the reason it has not been proved is that it cannot be!! I do not believe that any state can change a marriage status that already exists, unless one party to the marriage requests a change!! So if you are a CD who is married, and you and your wife decide that you should have SRS and you do, you are still married as far as the state is concerned!!

[eluuzion]

hiya SnL,

These legal links should answer most of your questions...


http://www.nclrights.org/site/DocServer/tgmarriage.pdf?docID=1182

http://www.transgenderlaw.org/resources/transmarriagefaq.pdf

http://www.glad.org/uploads/docs/publications/trans-legal-issues.pdf

http://www.americanbar.org/publications/human_rights_magazine_home/irr_hr_summer03_transgender.html

:hugs:

:love:

[Stephenie S]

Not to worry. You guys are married until death (or divorce) do you part. It's that simple and true in every state.

S

[sandra-leigh]

I would like someone to show me the state law that would allow that state to dissolve a marriage where SRS occurs!!

I no longer recall which member it was, but at least one member sought a legal opinion and was told that their state would consider the marriage to be annulled upon SRS, forcing the partners apart even though they did not wish to be. The member was especially concerned about pension and medical benefits; my recollection (possibly wrong) was that the member's wife had medical problems that were being covered under the member's medical insurance, but that the member was told that her wife would not be eligible for those benefits afterwards as the marriage would be considered to no longer exist.

Now, especially based upon my incomplete recollection, it is not impossible that the situation was that their state itself would continue to recognize the marriage, but that the pension and medical benefit providers would refuse to consider it to be a marriage. In the absence of anti-discrimination laws (which the state in question did not have), any kind of private insurance would pretty much have a legal right to treat them as shabbily as could be.

It is not even out of the question that state-provided benefits could be affected, if the relevant enacting legislation did not require that the definition of "marriage" be synchronized with the state definition. When Canada legalized same-sex marriage, on the order of 75 different Acts had to be changed, which would not have been the case if the Acts had already been written generically enough to refer to a master definition of what "marriage" was.

It is also possible that the couple's lawyers were misinformed about the legal impacts of transition, but I seem to recall that the member indicated that more than one lawyer had been consulted.

[noeleena]

Hi,

Its a lot better over here as we Jos & i were married for 35 years , had our marrage anuuld all my legel documents are as a woman . or my birth is female at birth. & it would be no different wether im intersexed or a mix of both male / female. & those who are trans they too can have the same detail done .
As to marrage or a civil cerimony it too can take place, so i can marry or civil union a woman or a male, ether trans or natal.

I wont of cause ,well i am 64 & one woman is enough for this kid.

...noeleena...

[juno]

I thought that the situation was that no state can void the marriage, but they also don't have to honor it. You will still be married, but some states will not grant you the privileges of a spouse, meaning that some states will allow your spouse to be denied family health care.

However, things are changing a lot right now. There are a lot of haters out there trying to make it worse, but it will continue to get better. Polls show that most young people accept gender diversity. It is just a matter of time before gender discrimination will be in the same category as race discrimination. So, even if you do run into some hassles, it will hopefully be resolved in the near future.

[Tina B.]

Jessica, I think I would get legal advice, it seems to me, the difference in how the state would handle it, would depend on whither or not you go to court and legally change your sex from male to female. We still don't have same sex marriage here, but the surgery may not set off any alarms for the state. If not a lawyer, at least check it out with one of the larger trans gender centers, some body has already gone thought it I bet.

[GypsyKaren]

Marriage is based on your gender at the time of your wedding, what happens afterwards doesn't matter, you can become a same sex Klingon couple for all they care. I did have my former employer try to get out of providing insurance for Kat on the basis that our same sex marriage was no longer legal, they lost.

[Stephenie S]

Marriage is based on your gender at the time of your wedding, what happens afterwards doesn't matter, you can become a same sex Klingon couple for all they care. I did have my former employer try to get out of providing insurance for Kat on the basis that our same sex marriage was no longer legal, they lost.

Listen to GK. She's right.

I repeat.

Not to worry. You guys are married until death (or divorce) do you part. It's that simple and true in every state.

This is not an issue. Once married you stay married REGARDLESS of any changes. Except death or divorce, of course.

Stephie

[CharleneT]

I think the only place where there may be trouble is Texas. Weren' they trying to push thru a law that would nullify a marriage if either party changed genders ?

[Stephenie S]

Marriage is a FEDERALLY recognized situation. Texas can pass all the laws it wants. You will still be married.