Tuesday, February 20, 2024
Hawai'i Free Press

Current Articles | Archives

Monday, April 1, 2013
Transsexual 'Marriage': Court Challenges Gender Change on Hawaii Birth Certificate
By Selected News Articles @ 12:54 PM :: 6744 Views :: Family

'Pregnant Man' Can't Get Divorced in Arizona

by Jamie Ross, Courthouse News

PHOENIX (CN) - A transgender man who gave birth to three children while married to a woman cannot get divorced in Arizona because he failed to establish that he was "legally a man" when the couple were married, a Maricopa County judge ruled Friday.

Thomas Beatie, known as "The Pregnant Man" following numerous television appearances, was born female, had a double mastectomy and then obtained a new birth certificate listing his sex as "male."

Miss Tracy Langondino/Thomas Beatie campaigning for gay marriage in Hawaii, 2001.








Beatie and his then-girlfriend, Nancy, used his new legal status to get a marriage license in Hawaii in 2003.

Thomas Beatie was artificially inseminated three times, resulting in the births of their three children. Nancy adopted them shortly after each of their births.

Last March, the couple sought a divorce in Arizona.

However, because the Arizona Constitution does not recognize -- or thus allow -- same-sex marriages or divorces, the Beaties had to show that Thomas was "legally a man" when they were married.

Maricopa County Judge Douglas Gerlach said the couple "failed to show that a double mastectomy, without more, constitutes a 'sex change operation' under Arizona law."

Gerlach noted that a pair of identical twins born could each have a double mastectomy and "wind up belonging to different sexes" if one sister chose to declare herself male and the other did not.

"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.

The Beaties also failed to show that the term "man" in the state constitution includes "people capable of giving birth," or that the Arizona Legislature "has been wrong to recognize repeatedly that, consistent with the commonly accepted meaning of the term, pregnancy is a uniquely female attribute," Gerlach wrote.

The judge added that there was little evidence that Thomas Beatie's sex change was completed before the couple got married in Hawaii.

Thomas underwent testosterone hormone therapy before they got married, but the treatment "ended before it had the intended effect of preventing Thomas from becoming pregnant," and the Beaties did not explain why or when that treatment ended, the ruling states.

"The decision here is not based on the conclusion that this case involves a same-sex marriage merely because one of the parties is a transsexual male, but instead, the decision is compelled by the fact that the parties failed to prove that petitioner was a transsexual male when they were issued their marriage license," Gerlach wrote (emphasis in original).

"Thomas' claimed legal status is based entirely on actions taken by an administrative agency in another state, and, as a matter of law, not to mention common sense, such agencies do not dictate to an Arizona court how the Arizona Constitution should be interpreted," the ruling states.

"To grant their request for a divorce in these circumstances would require the court to usurp its authority and result in a dissolution decree that has no legal effect."

Gerlach added that the couple "effectively seek approval of a desired social policy" in addition to their request for a divorce.

"First, this court's responsibility requires it to apply the standards found in existing Arizona law and not the Beaties' asserted view of what the law should be," Gerlach wrote. "Second, even if the Beaties had established that this court should adopt some evolving or modern-day set of social standards, what they have offered as the set of operative standards rejects their argument, i.e., that Thomas' double mastectomy is a sex change operation."

Read: Full Text of Court Decision 


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute


Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui


Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii


National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport


OHA Lies

Opt Out Today


Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii



Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii


Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu


West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii