The headline sucks…. “
Texas may be forced to allow a gay marriage” and is totally misleading
The Texas Tribune reported that El Paso County Attorney Anne Bernal has asked Texas Attorney General Greg Abbott to rule on whether she should issue a marriage license to two women, one of whom was born a man. What we have here is a male-to-female transgender person seeking to marry another woman.
Prior to a sex change operation, Sabrina Hill was known as Virgil. She is now seeking to marry another woman. Under Texas law, Hill is a male, according to Bernal’s request. Hill’s original New York birth certificate lists her as a male. However, a certified birth certificate from a Washington state judge declares that Hill is a female. So does Hill’s Arizona driver’s license.
Apparently in an infamous 1999 case of Littleton v. Prange, a Texas appeals court refused to recognize a marriage between a man and a male-to-female transsexual, saying that you have to go by the birth certificate of the trans person. However, since then the Family Code was changed in 2009 to allow a sex-change court order to nullify a birth certificate for the purpose of marriage licenses.
The quandry? If you refuse to accept the existence of transgender people, then you have to go by the birth certificate, right? So, if someone has a birth certificate saying they’re male, as in the current El Paso case, then they must be allowed to marry a woman.
On the other hand, if you refuse to allow this marriage because you accept that the trans person is now a woman, then you have to allow the marriage in Littleton.
It looks like a lose-lose for the right-wing cronies, because either way the state will be forced to allow what one group considers to be a same-sex marriage. And in some small way, it underscores the sheer ignorance of transphobia — and of refusing to allow consenting adults to marry the person they love.
For those interested in learning more about this legal quandary, Bernal’s letter to Abbott provides a fascinating review of Texas case law on transgender marriages.
Update: The El Paso Times’ Daniel Borunda reports that Hill and longtime girlfriend, Therese “Tee” Bur, were legally married in San Antonio on Monday. That should bring even more attention to how Abbott handles the request for legal guidance.
Technorati Tags: male-to-female, transgender, Texas, sex-change, marriage