Susan's Place Logo

News:

Visit our Discord server  and Wiki

Main Menu

when are you legally male?

Started by -JR-, May 03, 2012, 08:30:16 AM

Previous topic - Next topic

0 Members and 1 Guest are viewing this topic.

-JR-

(removed)
  •  

Natkat

its depends on where you live, what rules there is for when you can be considered male on paper.
  •  

Nygeel

In some ways you are legally male but not in others. If you wanted to marry a woman and don't live in a state with same sex marriage then you won't be able to. Since social security no longer flags gender markers on background checks there probably won't be am issue checking the "M" box.
  •  

Nygeel

Quote from: -JR- on May 03, 2012, 10:23:00 AM
Im actually married to a man right now and I was reading that it will invalidate our marriage as soon as that M is on my ID since same sex couples are not able to marry here. I would think I would be considered legally male because of that but I'm still going to have female on my birth certificate so idk. I plan to always check male on everything except medical forms where I'll probably check both male and female. Idk I guess it doesn't really matter I was just curious.
I think it's only on birth certificates. I could be wrong. What state are you in, I'll search up trans legal advice type peoples.
  •  

Nygeel

Quote from: -JR- on May 03, 2012, 11:14:39 AM
I'm in Ohio
Probably a long shot but here are some places that might be able to help you get legal info.

http://www.acluohio.org/
http://www.lambdalegal.org/states-regions/ohio#quickset-regional_offices_information=1

Not really the ideal, but it could help.
  •  

bojangles

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
  •