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gender on marriage certificate

Started by bballshorty, March 05, 2012, 09:30:48 PM

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bballshorty

I know that the link below discussed (kind of) marriage in california, but I was still confused about how marriage certificate works
https://www.susans.org/forums/index.php/topic,36072.msg239393.html#msg239393

So if I were to get married post-op in cali before I change my birth certificate to male, would my marriage certificate say M or F? And if it would say F, can I get the gender on my marriage certificate changed to M after I change my birth certificate?

Thanks.
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ToriJo

Chances are your marriage license would say whatever your documents that you presented say you are.

I don't remember if California recognizes SRS for marriage purposes.  But either way - whether it recognizes it or not - it would impact whether or not your marriage was legal.

If SRS is recognized in CA for marriage, and you married a male, even if your birth certificate said "F" and you convinced the clerk you were "F", but you've had SRS and CA recognizes SRS for marriage, you've entered a same sex marriage in the eyes of the law (which, IIRC, is illegal in California).  It's not the documents that matter, but your actual body/chromosomes/etc (depends on State).  It also doesn't matter if it is recognized for DMV, vital records, etc - it's what they say about marriage (most likely in the courts) that matters.  The documents are supposed to agree with reality - but whenever they disagree with reality, reality is supposed to take precedence.

If it is NOT recognized in CA for marriage, and you married a male, you would be fine.  As for changing the marker on the license, I don't know anything about that.
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