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Marriage???

Started by utouto, January 07, 2013, 12:18:24 PM

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utouto

So, my boyfriend and I are considering getting married for various benefits, one of the largest concerns to us is FAFSA. If we were to file as married, we both would qualify for a zero EFC. Neither of us have any family support, and don't want to have to put off school until we can otherwise qualify as independent (24yo). The problem is... I don't know if it will be recognized on the federal level because we live in Massachusetts. If it's considered a "gay marriage" then it isn't recognized, so I'm wondering how I might be able to go about this in order for the marriage to be considered heterosexual. My birth certificate has not been amended and I'm still female to the SSA, but my passport and state ID have the correct gender marker (M).
Does anyone have any experience with getting married to a cissexual same-gender partner in an equal marriage state?
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Brooke777

I don't have any experience in this, but I believe that the marriage certificate should be for a hetero marriage since your birth certificate still has female on it. I could be wrong though.
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utouto

Quote from: Brooke777 on January 07, 2013, 12:28:25 PM
I don't have any experience in this, but I believe that the marriage certificate should be for a hetero marriage since your birth certificate still has female on it. I could be wrong though.

That would make sense, but I'm unsure because I would have to bring a photo ID -- being either my passport or state ID; both have my correct gender...
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blueconstancy

Well, you're in luck on one front - the MA marriage license apparently *does* list gender. (My license from CT does not!) So if you can get it filled out with different gender markers for each of you, that should suffice for federal purposes as well; federal policy is that a marriage reflects the genders listed on the contract [license] even if one party later transitions. That I *can* verify, as I'm in exactly the same position of arguing that a once-heterosexual marriage remains federally valid despite living in a same-sex marriage state and having matching legal genders of the partners now.

I believe, but am less certain about, that the SSA is the final arbiter when it comes to determining gender at time of marriage. How you'd get the specific clerk to recognize that, though... it may be worth venue-shopping, as different towns/counties still have different requirements (within the state legal framework, obviously).
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