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Is your marriage still legal after transition?

Started by Michelle S., February 22, 2013, 01:24:37 PM

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Michelle S.

Hello everyone!

Does anyone know, if my girlfriend and I were to get married before GRS and legal gender change, would it still be legal/valid after? We live in Florida. A few years ago I think I read somewhere online that, in Florida, once the gender legally changes the marriage is nullified, but I can't find that site now.

Thanks any help,
Michelle


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cynthialee

So it is said that if you know your enemies and know yourself, you can win a hundred battles without a single loss.
If you only know yourself, but not your opponent, you may win or may lose.
If you know neither yourself nor your enemy, you will always endanger yourself.
Sun Tsu 'The art of War'
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blueconstancy

If your marriage was legal before, it will be legal after transition.

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. 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. I cannot imagine that Florida law could override federal law, but it's theoretically possible so long as it's only a federal "opinion"; if I were you, I'd research the laws carefully AND I would demand that any bureaucrat who objected be able to cite chapter and verse on the law they claimed invalidated your marriage. It may even be worth calling in an actual lawyer (or a cheaper paralegal!) for an hour or two of doing that research, so that you can have it readily to hand to present to naysayers.


*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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Michelle S.

Thank you for your responses! Yeah, Florida isn't the friendliest place I hear so I'm sure bureaucrats will be an issue at some points. We have 2 young children together so I'm already worried about how difficult just picking them up early from school will be in the future :/


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tgchar21

Quote from: Michelle Stone on February 22, 2013, 03:05:54 PMWe have 2 young children together so I'm already worried about how difficult just picking them up early from school will be in the future :/

Unlike a typical lesbian couple one thing that will work in your favor is the fact that (I'm assuming so) the children are biologically both yours and your partner's. While that won't have much effect on the surface, when it comes to legal challenges that will be a benefit which is impossible when it comes to most same-sex couples.
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