What Makes a Man (or Woman) in a Marriage License? In Texas, It's Unclear
By BRANDI GRISSOM
Published: May 26, 2011
http://www.nytimes.com/2011/05/27/us/27tttrans.html?_r=1 (http://www.nytimes.com/2011/05/27/us/27tttrans.html?_r=1)
In a state that bans same-sex marriage, it would seem to be easy to know who can legally marry. Texas county clerks will tell you it is not.
A two-year-old state law says a court order recognizing a sex or name change is acceptable for marriage license applicants. But a 1999 Texas appeals court ruling stipulates that, at least for purposes of marriage, medical procedures cannot change a person's sex — you are what you were at birth, period.
As I said in another thread, there is no legal definition of sex or gender. We live in the shadows or the legal gray area.