Marriage Equality is a Trans Issue, Too

[Shana A]

From The Advocate February 2012
Marriage Equality is a Trans Issue, Too
Recent high-profile cases show that marriage equality is a transgender issue too.
By Trudy Ring

http://www.advocate.com/Print_Issue/Advance/Marriage_Equality_is_a_Trans_Issue_Too/

When Nikki and Thomas Araguz were married in Texas in 2008, she had been married and divorced once before, and she had legal documentation identifying herself as a woman. Although Nikki, born biologically male, didn't have her gender transition surgery until a few months after the ceremony, she had no reason to think their marriage wasn't legal. In 2010, Thomas, a firefighter, died while battling a blaze. When Nikki tried to claim her share of his death benefits, a judge ruled their marriage invalid. Though laws governing the marriage of trans men and women who've undergone gender-reassignment surgery vary from state to state, the ruling, now on appeal, is a rare instance of a transgender person's marriage being voided.

"In the vast majority of cases [involving marriages of transgender people], nobody has any problem," says Shannon Minter, legal director for the National Center for Lesbian Rights, who has handled many marriage-related cases. "Nobody even questions the validity of the marriage. Now there have been a handful of cases in very conservative states that have come out badly."

[Michelle-G]

This is a vital issue for trans people!  If the government is given the power to define that a marriage is only between a man and a woman, then it naturally follows that they will eventually be be required to define exactly what a man or a woman is.

Laws restricting marriage between a man and a woman will give conservatives a platform for legally challenging a marriage involving someone who has properly changed his or her legal gender. And whether they realize it or not, the states will have no choice but to address those challenges and our genders will end up being decided on a case by case basis.

Marriage equality prevents all this.

[Jamie D]

This is a vital issue for trans people!  If the government is given the power to define that a marriage is only between a man and a woman, then it naturally follows that they will eventually be be required to define exactly what a man or a woman is.

Laws restricting marriage between a man and a woman will give conservatives a platform for legally challenging a marriage involving someone who has properly changed his or her legal gender. And whether they realize it or not, the states will have no choice but to address those challenges and our genders will end up being decided on a case by case basis.

Marriage equality prevents all this.

The federal government already has that power (to define marriage) and has exercised it in the Defense of Marriage Act (DOMA).  The state governments also have that power with respect to their own states, and some have exercised it to expand the definition of non-traditional marriages.

Don't blame "conservatives" for DOMA.  It passed in 1996 with large majorities in both houses of Congress and was signed into law by President Bill Clinton.  Said Clinton, at the time, "I remain opposed to same-sex marriage. I believe marriage is an institution for the union of a man and a woman. This has been my long-standing position, and it is not being reviewed or reconsidered."

"Marriage equality" is a tricky issue.  If one supports same-sex marriage, why restrict it to just two persons?  Why not polygamy (as was portrayed in that recent television show, Big Love?  Or polyandry (one woman, multiple husbands), as practiced in some cultures around the world? Or group marriages?

From my perspective, the government should leave consenting adults alone to do whatever they want, and to recognize the "contracts" they have among themselves.  But because this issue is subject to legislation and regulation, it is necessary to build a political majority to recognize and codify those rights.  That takes time.