Defence of Marriage Act

[DawnL]

Does anyone know or know of references related to this act as applies to marriages
in which one partner changes gender?  By my read of the law, this law would invalidate
any marriage in which one partner changes gender because it defines marriage as being
between one man and one woman and defines spouse as meaning a person of the
opposite sex.  By change of gender I mean a change in gender marker with the
Social Security Administration.  If the marriage predates this law, what then?

Dawn

[angelsgirl]

Are you serious? If me and Jocelyn get married....and then she does SRS...our married is invalidated?  That's an outrage!  Is that really true?! 

[Teri Anne]

Do people in churches or at marriage license bureaus check with Social Security records to see if couples are what they are, M or F?  I can't imagine that happening but there are a lot of nonsensical things that happen in the world, I suppose (dropping "smart bombs" from 25,000 feet up occurs to me as being, at best, nonsensical and, at worst, murder).

I think we all have to go where love pushes us and, if the love is true, damn the consequences.

Teri Anne

[DawnL]

I was thinking more about whether the IRS would rule such a marriage as invalid
and not allow a joint return.  This legal status also then affects things like Social
Security survivorship benefits, health insurance, and the like.  I recently filed our
2005 return so it will be interesting to see if the IRS accepts it or changes it.  My
gender marker with Social Security did not change until late last year but now, when
my return goes through their computers, it will see two "F" gender markers.  Other
problems with this law would include division of assets, especially in community
property states.  I wonder if trans marriages represent a loophole? 

(BTW, this law was passed in 1996)

Dawn

[LostInTime]

Currently the feds say that whatever your original birth gender was, it is until you die no matter what documents you change.

Social security typically goes by your last name and SS#.  When my state checked my SS# against my license, it went through because I have not changed my last name.  Good thing too or I would have really been screwed.

YMMV, it may change overnight, and you should check with an attorney.

[Melissa]

If this nullified any marriages, would it then also nullify any divorces?  What are the implications of doing this?  I mean it seems like a big can of worms to invalidate current marriages.  If it was only valid from the time the gender marker was changed, that may be a lot cheaper than divorce.

Melissa

[DawnL]

No, the law cannot nullify your marriage and therefore, this isn't an alternative to divorce.
By this law, you remain married but the question is whether or not the feds will recognize said
marriage. 

LIT mentions that the feds go by birth gender.  My original birth certificate was impounded
and a new one issued that says I was born a female.  What then I wonder?

Dawn

[Melissa]

LIT mentions that the feds go by birth gender.  My original birth certificate was impounded
and a new one issued that says I was born a female.  What then I wonder?

I assume that it has the name Dawn on it.  Is your marriage certificate in the name of Dawn?

Melissa

[Sheila]

On your fed tax forms, there is no marker on who you are. It just asks if you want to file joint if married or single or head of household. When I went down to change my name at social security it didn't have a marker of what gender I was. I don't think it matters as they have to be equal and that there can't be any discrimination  of gender. So why have a marker that says you are male or female. Just as long as you name is right and it goes with your SSN. I have filed for the last 4 years in joint status. I have not heard about anything yet. The only difference was my name. I don't know about your state forms, but in Oregon we don't state male or female, just filing joint or single.
Sheila

[DawnL]

Melissa: My marriage certificate has my male name on it and I'll leave it that way (we were married in
1989) but I could produce the name change papers to cover the name discrepancy.  My new birth
certificate has my new name and gender on it.

Sheila:  The tax forms do not have a gender marker but my gender marker with Social Security was
changed from M to F.  The IRS cross-references that database so that is where my concern lies. 
Maybe I'm worrying about nothing.

Dawn