Hmm, that is an interesting question.
As of 2008:
States that DO NOT recognize transsexual marriages as valid heterosexual Marriages As of November 2008, the following States do not recognize gender reassignment surgery as changing a person's legal sex, for purposes of marriage:
•Florida - Kantams v. Kantaras, 884 So.2d 155 (Fla. App. 2004);
•Illinois - Re Marriage of Simmons, 355 III. App. 3d 942, 825 N.W. 2d 303 (III. App. 2005)
•Kansas - Estate of Gardiner, 273 Kan. 191.42P.3d 120 (Kan. 2002).
•Ohio - Re: Ladrach, 32 Ohio Misc. 2d 6, 513 N.E.2d 828 (Oh. Probate 1987);
•Tennessee - Tennessee Code 68-3-203(d)
•Texas - Littleton v. Prange, 9S.W.3d 223 (Tex. App. 1999).
States that DO recognize transsexual marriages as valid heterosexual marriages:
•North Carolina - North Carolina law allows amendment of a birth certificate for persons who have received gender reassignment surgery. N.C. Gen. Stat. § 130A- 118(b)(4) (2008). In Matter of Lovo-Lara, 23 l&N Dec. 746 (BIA 2005), the Board held that North Carolina recognized a marriage as valid and heterosexual where one of the spouses had received gender reassignment surgery and her birth certificate had been amended to reflect her changed sex
•New Jersey - New Jersey law recognizes as a valid non-same-sex marriage a marriage solemnized between two persons of the same birth sex, one of whom has received sex reassignment surgery, so long as the other claimed spouse was aware of the sex change. M.J. v. J.T., 140 N.J.Super. 77, 355 A.2d 204 (NJ.Super. 1976).
•Maryland - Maryland law permits a change of the person's legal sex, on the basis of sex reassignment surgery. Re: Heiiig, 372 Md. 692, 816 A.2d 68 (Md. 2003). This case did not involve the issue of the person's ability to marry a person of the same birth sex. Until such time as the Maryland courts clarify this issue, however, CIS adjudicators will assume that Maryland law recognizes as a valid non-same-sex marriage a claimed marriage between two persons of the same birth sex, one of whom has received gender reassignment surgery.
Source:
http://www.powervisa.com/spouse-visas-and-transgender-marriages.html