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Marriage Question?

Started by Damian, January 09, 2013, 11:50:09 AM

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Damian

If I was to marry a bio-man in a state that doesnt allow gay marriage, then go through transitioning, what will be the result?
Thanks,
Ray
Love has no gender.
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JoanneB

I am confused. There is a critical piece of information missing. Are you a bio woman?  If so gay-marriage has nothing to do with nothing. The marriage is no different than any other. If you are a bio-male then no way you can be legally married, pre or post transition. Presention means nothing. Only the letter on your birth certificate for sex does.

Further permutations are driven by state laws. Let's say you are transitioning, you live in a state where it is relatively easy to change the gender marker on your drivers license, it is not clear cut on a general basis what happens when you want a marriage license.

Again a locality driven answer. If a bio-male married a bio-female, one transitions, and they may change their d/l, what happens? In a non gay-marriage state being post-op and changing your birth certificate gender will certainly void the marriage.
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blueconstancy

Joanne - Fortunately, that last is not true for the feds at least. The federal government considers the marriage contract to be permanently set at the time it was signed, meaning that if the genders were non-matching at that time, subsequent transition does not invalidate the marriage*. (However, this is federal policy and not yet enshrined in law. It's always possible for them to pass a law which changes things.) The couple may end up fighting with various bureaucracies who don't realize this, but it IS a valid marriage.

My guess is that in it would be hideously complicated in a state that doesn't recognize same-sex marriage, yes. (My wife and I have been very lucky that both our state of origin and state of employment legalized same-sex marriage, so we haven't had to worry about it. Although my wife still hasn't changed her birth certificate because *our* specific marriage license doesn't list a gender field at all, which makes that BC the only proof that she was male at the time.) Presumably federal policy and inertia would work in one's favor, but it probably would be a problem every time a bigot or a hopelessly confused bureaucrat got involved.

Of course, the reverse is also true - if the genders matched at the time of signing the marriage license, it's federally considered a same-sex marriage and invalid. That gets really tricky, since I'm not sure how someone who married and then transitioned in a same-sex marriage state (ie, their marriage is state-legal but federally-invalid) would go about getting re-married. They'd be married in some contexts and not others, which makes getting a divorce difficult even if they did want to go that far in order to re-marry correctly!


*http://www.opm.gov/diversity/transgender/guidance.asp

"If the employees in transition are validly married at the time of the transition, the transition does not affect the validity of that marriage, and spousal coverage should be extended or continued even though the employee in transition has a new name and gender."
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Annah

Quote from: Two way Rain on January 09, 2013, 11:50:09 AM
If I was to marry a bio-man in a state that doesnt allow gay marriage, then go through transitioning, what will be the result?
Thanks,
Ray

if your gender marker changes on both your state and federal documents (Birth Certificate) you can get married in a non marriage equality state..this is provided all these changes occurs before marriage
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DriftingCrow

Rain (who's a bio-female unless I've been mistaken) the marriage woudn't be invalidated if you later transition from what I understand of the law. Contracts are made under all the circumstances/facts that are there at the time you make the contract, so a later change in gender markers wouldn't void the contract. There are people who get married in states without gay marriage, as "man and woman" and then one later transitions and they're still considered to be legally married.
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