Still More on Transsexual Marriage Rights
http://transcendgender.com/2008/11/26/still-more-on-transsexual-marriage-rights/ (http://transcendgender.com/2008/11/26/still-more-on-transsexual-marriage-rights/)
11/26/2008
The discussion on various Yahoo groups that I belong to regarding the impact of the same-sex marriage bans just enacted in Arizona, California and Florida on marriages involving one or more transgender partner continues. I've previously posted about those issues here and here. This is my most recent addition to that discussion:
I agree with the basics of your description [of the law concerning marriages in which one partner is trans], but want to clarify that what happens in most of these cases is that the couple is able to get a marriage license and marry simply because they appear to be a typical male/female couple. Thus, although they are allowed to marry, they are "legally" married only in the sense that no one has challenged it yet. Many couples involving a trans partner may marry, live out their lives and die without anyone ever challenging the validity of their marriage, and thus escape the uncertainty I've been talking about. But there's no way to predict which couples will be that fortunate and which ones will face the horror of being told years later that they were never legally married.