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Parallels between gay trans marriage & Cis male & female ones

Started by Janae, December 19, 2013, 01:16:42 AM

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Janae


I was reading some of the backwards things on another board, mostly straight, about trans stuff and marriage. I thought of something that seemed kinda interesting so I thought I'd share.

Ok we all know that gay marriage is only legal in certain states, mine being on of them. I was thinking about MTF lesbians who have been legally married for 10, 20, 30 etc yrs as males. When MTF's have srs their documents now declare them female. For those who stay married they're technically in a "legal" gay marriage. And since states can't just up and invalidate these marriages, what does this say about gay marriage as a whole across the board?? What would happen legally if these types of marriages were more noticeable to law makers? There are plenty of MTF lesbian marriages all over the country, and more growing each yr for newly transitioned girls. This kinda makes the idea of not having same sex marriages across the board all the more silly.

Has anyone else ever thought about this?

Thoughts??


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Teela Renee

Yes they can and do invalid your marriage if you change your gender when married.
RedNeck girls have all the fun 8)
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kountrygurl

This is the number 1 reason I am not planning on GRS. I've been married to the most wonderful women for over 20 yrs and neither one of use are going anywhere. Our state (TN) does not recognize same sex marriage and I don't think they will any time in the near future. I still plan on a full transition but stopping just short of full surgery since that's the only way to get gender markers changed here.
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Jenna Marie

Yes, because I'm one of them. :) I have seen a collection of policies and court cases that show that my marriage remains valid, even federally; in fact, the federal policy IS that a trans woman could continue to claim her wife as her legal spouse for benefits purposes. None of this is enshrined in law, so it's not quite as solid as far as proof goes, but the preponderance says that the contract remains valid *as it was signed* - meaning, if it was an opposite-sex couple on the license, subsequent gender change doesn't invalidate it. (The famous Texas case, for example, she married post-op, meaning that there was room to argue [for the jerks in Texas] that she was still "legally male." I married while legally male to a legal female, and that hasn't changed even if we're now two females.) It does make it obviously ridiculous to claim that same-sex marriage will destroy the country, but really, that was clear from the day MA legalized it and the sky didn't fall.

Of course, I live in one state and work in another and both have legal same-sex marriage, so it's moot to me. Incidentally, my home state allowed me to change the gender marker on all my ID with just a doctor's letter; whether I had bottom surgery was irrelevant. (The state where I was BORN requires GRS for the birth certificate, but I only lived there until I was about a year old! So annoying.)
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Teela Renee

In indiana they throw your marriage and allow you downgrade to a civil union.
RedNeck girls have all the fun 8)
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Janae

Quote from: Teela Renee on December 19, 2013, 06:44:54 AM
Yes they can and do invalid your marriage if you change your gender when married.

Seriously??

I've always wondered this but wasn't sure if it was true


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Janae

Quote from: Jenna Marie on December 19, 2013, 05:53:54 PM
Yes, because I'm one of them. :) I have seen a collection of policies and court cases that show that my marriage remains valid, even federally; in fact, the federal policy IS that a trans woman could continue to claim her wife as her legal spouse for benefits purposes. None of this is enshrined in law, so it's not quite as solid as far as proof goes, but the preponderance says that the contract remains valid *as it was signed* - meaning, if it was an opposite-sex couple on the license, subsequent gender change doesn't invalidate it. (The famous Texas case, for example, she married post-op, meaning that there was room to argue [for the jerks in Texas] that she was still "legally male." I married while legally male to a legal female, and that hasn't changed even if we're now two females.) It does make it obviously ridiculous to claim that same-sex marriage will destroy the country, but really, that was clear from the day MA legalized it and the sky didn't fall.

Of course, I live in one state and work in another and both have legal same-sex marriage, so it's moot to me. Incidentally, my home state allowed me to change the gender marker on all my ID with just a doctor's letter; whether I had bottom surgery was irrelevant. (The state where I was BORN requires GRS for the birth certificate, but I only lived there until I was about a year old! So annoying.)

I know plenty of girls who live in Texas with horror stories involving getting ID & Drivers licenses changed as well as applying for marriage certificates. This is why I refuse to leave my state. Here they allow everyone to marry so srs won't be an issue.


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Alainaluvsu

In Louisiana, the spouse has to approve of the gender change on the birth certificate. If they do, then your marriage remains legally valid. In Bexar County, Texas, (San Antonio ... where I was born) they will not judicially approve of a gender marker change on the birth certificate. They will, however, accept a court order from Louisiana (thank God).
To dream of the person you would like to be is to waste the person you are.



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