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Oh, South Carolina..... South Carolina.....

Started by Diz, May 06, 2013, 05:05:01 PM

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Diz

I was born in South Carolina and am trying to figure out the birth certificate issue. They said that while they do not issue a new birth certificate, they will give you a card to attach to your birth certificate indicating legal changes. Here is the issue. I am moving to Arizona next year and I was wonder that if I were to want to get married, would it be an issue?
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DriftingCrow

You Should Ask An Attorney Or See If A Local (SC Or AZ) Trans Group Has Any Resources.

Are You Interested In Marrying A Man Or A Woman? If Az Accepts You As Being MAle You Won't Be Able To Get Married There (Unless The Supreme Court Changes Things). I Saw A Documentary Where A Transguy Married A Cis Woman In Florida, But I Don't Think They Really Looked At His Birth Certificate.

(Sorry About The Caps, My Phone Is Stupid)
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Arch

You'll need to research Arizona marriage requirements. But the documentation can vary depending on county. Do you know which county you'll be living in? Also, in most cases, a passport is considered as good as a birth certificate.

SC sucks big time. Unless they change their policy, I'm not going to bother seeking a new BC.
"The hammer is my penis." --Captain Hammer

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

Amen! lol

Maricopa county.

The reason I want to go about getting it done is because I don't want to run in to problems if anything happens. While I think it is possible that they will change their policy, unfortunately there is no guarentee. But even if it is just a card, it still means just a little something to me legal wise. I mean, it could be worse, I could be in a state where they don't do anything at ALL.

LearnedHand: Woman.
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Arch

Quote from: Diz on May 06, 2013, 07:47:36 PM
But even if it is just a card, it still means just a little something to me legal wise. I mean, it could be worse, I could be in a state where they don't do anything at ALL.

Well, personally, I wouldn't want a BC that has the card attached to it--not for legal purposes, that is. I would rather just use the passport whenever possible. If you haven't changed your passport, you might look into it. (Or get a passport if you don't have one.)

Looks like Maricopa doesn't require a BC unless you are underage. You might call in advance, just to verify--it's not uncommon for people to lack a copy of their BCs, so the question wouldn't be unusual. But even if one county requires a BC, you might be able to get married in another county.

Check it out: http://www.clerkofcourt.maricopa.gov/marlic.asp
"The hammer is my penis." --Captain Hammer

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

Also, according to this article, even if the birth certificate is changed to say male you still need to prove you're "legally a man":
QuoteMaricopa County Judge Douglas Gerlach said the couple "failed to show that a double mastectomy, without more, constitutes a 'sex change operation' under Arizona law."

. . .

"Thus, by urging that Arizona law equates a double mastectomy with a sex change operation, the parties' contention, if adopted, would lead to circumstances in which a person's sex can become a matter of whim and not a matter of any reasonable, objective standard or policy, which is precisely the kind of absurd result the law abhors," Gerlach wrote.

'Pregnant Man' Can't Get Divorced in Arizona
http://www.hawaiifreepress.com/ArticlesMain/tabid/56/ID/9275/Transsexual-Marriage-Court-Challenges-Gender-Change-on-Hawaii-Birth-Certificate.aspx
Author: Jamime Ross Source: Hawai'i Free Press

From what I understand, you'd need to fall under the same requirements of "legally male" to get married in Arizona as you would need to get divorced in Arizona. It seems like you'd need to change the birth certificate, get top surgery, and bottom surgery to be a "legal man" in Arizona if you want to marry a woman.

Even if you're able to get by without showing a birth certificate, if you later try to get a divorce and your trans status is disclosed in the proceedings, your marriage will probably just be void if you aren't "legally a man" at the time of your marriage and would therefore just be a same-sex marriage which isn't allowed in AZ anyway.
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Arch

Boy, I'm glad I'm not trying to get married. I've often wondered if I can legally marry a man in California...I wonder what Arizona would say?

I think it's funny that what's good enough for the federal government isn't good enough for transphobic Arizona.
"The hammer is my penis." --Captain Hammer

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