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Marriage...

Started by BearGuy, May 03, 2013, 10:41:32 PM

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BearGuy

Ever since I got "M" on my state ID, I thought I was set. My girlfriend and I decided to stay in this state, AZ, until we finished 2 year school here and moved to NY to continue our education there.
Today, on some sites, I read that you must present your birth certificate. Mine obviously says female, and has my old name on it. I cannot change that.
Can I still get married? Anyone have any experience with this?
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Simon

To get married they require your birth certificate in every State (I think...but yeah, I'm too lazy to take it to Google right now).

So nope, if that is the requirements in your State you can't legally get married as male yet. That will come after you get your birth certificate amended after SRS.

Yep, it's a bummer. Dealing with it too.
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Arch

Check your state and county requirements. For example, in CA, birth certificates are not required in all counties.

In my county, it was strongly recommended, so I brought it along, but I wish I hadn't. This was pre-transition, but I had already changed my name by the common usage route, and that meant that I had to bring my name change document to explain why the names on my BC and CDL didn't match. Since I hadn't changed my name through the courts, I had to do a powerful lot of persuading that my name change was indeed legal.

Your situation is obviously a little different, and I'm not sure of the ramifications. If you have M on your state ID but F with the Social Security Administration, you can probably get married in your state if you can find a county that does not require a BC, but I believe that you won't be eligible for the usual federal benefits that go along with a traditional marriage. You might not even be eligible for state benefits, such as the right to file taxes together...I guess it all depends.

In most cases, a passport is as good as a BC. Do you have M on your passport?

"The hammer is my penis." --Captain Hammer

"When all you have is a hammer . . ." --Anonymous carpenter
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Darth_Taco

I just checked for you, and it says that many counties in Arizona require you to bring your birth certificate if you're under the age of 30. You're gonna have to find a specific county that's cool with just your ID or driver's license. Remember that Arizona isn't the most liberal state, so it's best not to mention that you're trans when inquiring.
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smithsmith

I'm from NY but don't know about this...I got married in Florida & did not have to show my birth certificate.

Maybe call your local clerk of courts? Good luck man!
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DriftingCrow

My only concern with getting married while not showing the birth certificate would be that if your birth certificate still says "female" and the state you're getting married in doesn't allow same-sex marriages, that even if you get married that later it could be deemed void because you'd still be considered a same-sex couple in that state. Just because they don't look at the birth certificate doesn't necessarily mean that they'd later on just accept you as male.

Of course, if no one finds out (or if DOMA is repealed, or if the Supreme Court rules that same-sex marriages need to be legal in all states) it wouldn't matter, but it could become a big deal if your marriage goes sour and your spouse wants to call it quits. If she has a smart attorney, they might bring that up and then you might not get benefits of certain property distributions divorce laws (or it could be beneficial if you don't own much or it otherwise works out better to not go through an actual divorce). It could also become a big deal if she gets injured or sick and you don't have a Healthcare Power of Attorney and someone finds out that you're technically not married (think Terry Shaivo, and how her parents wanted one thing while the husband wanted another, and the fight that went on there. If her parents know your trans and later on a fight emerges, this could come up to say that you shouldn't be making the decisions if you're not legally married). It could also be a big deal if your wife predeceases you and you're going through probate (again if she has evil parents lol, they might fight over the will or lack of a will. If she doesn't have a will, and you're not legally married, you wouldn't benefit from intestacy laws).

I could just be paranoid though  :D

I just took a quick look through Littleton v. Prange, 9 S.W.3d 223 where this TX court deemed a marriage between an MTF and a cismale as a same-sex marriage (her birth certificate still read male despite having SRS), and was deemed to not be married within the state. Therefore, she wasn't able to bring a wrongful death suit for the death of her husband.
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Darrin Scott

New Jersey doesn't require a BC to get married. They require a passport and some kind-of photo ID like a drivers license.





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Alex55

I am from prescott, arizona and I have had all my documents changed SSN, DL, name, etc...including my birth certificate.  I was born in california so it was easier for me to change it there.  I am getting marriedin July, I already have the application for the license and met with the justice of the peace.  The only requirement they wanted was a picture I.D which obviously says I am male. They don't ask for birth certificate or blood anymore.
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