NationStates Jolt Archive


Annulment of a Newly Gay Marriage

New Jeffhodia
28-12-2004, 22:30
Suppose a man and a woman are married in America. The woman then takes hormones to become a man. This is now a gay marriage.

Assuming the husband is ok with all this (I dunno, maybe he's bisexual and really open-minded), would the government or church then have the right to annul the marriage?

Also, can gender actually be changed like that, or is that just what TV taught me?
Stroudiztan
28-12-2004, 22:31
This would be a weird angle for a movie or something.
UpwardThrust
28-12-2004, 22:33
This one would really be intresting ... lol
Angry Fruit Salad
28-12-2004, 22:33
Suppose a man and a woman are married in America. The woman then takes hormones to become a man. This is now a gay marriage.

Assuming the husband is ok with all this (I dunno, maybe he's bisexual and really open-minded), would the government or church then have the right to annul the marriage?

Also, can gender actually be changed like that, or is that just what TV taught me?


Most likely, there would be some surgery involved.

The government wouldn't exactly have the right to do anything, except give the former 'woman' more paperwork to fill out in the event of a name-change or anything of the sort.
Drunk commies
28-12-2004, 22:34
HBO did a movie like this. It was called "Normal", I think. An older couple, the man decides to get a sex change. I never bothered to watch it.
Texan Hotrodders
28-12-2004, 22:35
I would think that unless the woman who changed physically into a man (sort of) would still have to somehow change her legal status to male, or the marraige would still be valid under the law.
Los Banditos
28-12-2004, 22:35
I could be wrong but I think the government would still consider him/her a woman.
Alomogordo
28-12-2004, 22:38
No, because it shouldn't matter what gender (or lack thereof) you are when you get "married".
Slinao
28-12-2004, 22:39
I could be wrong but I think the government would still consider him/her a woman.


I do believe thats the way it works. You are still considered the sex you started as, since genetically you still have the same dna and such, you just take hormones and such to change the appearance.
Dempublicents
28-12-2004, 22:39
Well, currently - it depends on the state.

Some states define gender by chromosomes - therefore, regardless of the sex change, the person would still be recognized as their original gender for the purpose of marriage and all would be fine.

In some states, gender is defined by sex organs. In these states, (unless it was Mass.) such a marriage would be annulled.

They would also run into all sorts of problems if they tried to move to a different state.

Do I think the government should have the right to annul it? No, but then I don't think they should have the right to ban any two people who require the protections of marriage from getting them without a much better reason than "We don't like teh gays!"
Angry Fruit Salad
28-12-2004, 22:41
Well, currently - it depends on the state.

Some states define gender by chromosomes - therefore, regardless of the sex change, the person would still be recognized as their original gender for the purpose of marriage and all would be fine.

In some states, gender is defined by sex organs. In these states, (unless it was Mass.) such a marriage would be annulled.

They would also run into all sorts of problems if they tried to move to a different state.

Do I think the government should have the right to annul it? No, but then I don't think they should have the right to ban any two people who require the protections of marriage from getting them without a much better reason than "We don't like teh gays!"


So what would a state in which gender is defined by sex organs classify a castrated man as?
Slinao
28-12-2004, 22:42
Well, currently - it depends on the state.

Some states define gender by chromosomes - therefore, regardless of the sex change, the person would still be recognized as their original gender for the purpose of marriage and all would be fine.

In some states, gender is defined by sex organs. In these states, (unless it was Mass.) such a marriage would be annulled.

They would also run into all sorts of problems if they tried to move to a different state.

Do I think the government should have the right to annul it? No, but then I don't think they should have the right to ban any two people who require the protections of marriage from getting them without a much better reason than "We don't like teh gays!"


That could be true too. Though in many states just to get a sex change you have to go through a list of things. I think in one of the Dakotas you have to live one year as a member of the oppisite sex, and pass a shrink test.
Melond
28-12-2004, 22:50
Generally, if you're legally married before there is surgery, you're still married afterwards. Since the marriage license was legal when it was issued, it doesn't cease to be valid due to the surgery. At least that seems to be the case. Post-op, it depends on the state. Some states accept the reassignment, some don't. Some issue new birth certificates, others don't.

States are really asking for trouble when it comes to defining sex by chromosomes. They don't always match what you think they would be. Intersexed people can mess up any 'simple' definition.
Dempublicents
28-12-2004, 22:53
So what would a state in which gender is defined by sex organs classify a castrated man as?

Good question.

The problem with all this categorizing is that there are always going to be exceptions to the rule. Wouldn't it be better if you were treated the same regardless of race, creed, color, gender, sexual orientation, etc.?

Wait, don't we have something in the Constitution about that......?
UpwardThrust
28-12-2004, 22:54
Good question.

The problem with all this categorizing is that there are always going to be exceptions to the rule. Wouldn't it be better if you were treated the same regardless of race, creed, color, gender, sexual orientation, etc.?

Wait, don't we have something in the Constitution about that......?
NO WAY THE CONSTITUTION WAS WRITEN BY CHRISTIANS!!!

(sorry caps got stuck again

Carry on) :D
Ashmoria
28-12-2004, 23:47
ive seen these kinds of couples on tv talk shows. the husband has a sex change to be a woman but the couple doesnt get a divorce. they are a defacto gay marriage. i doubt they have sex but who knows.

im pretty sure most states now have a way to have your gender re-set. you get your birth certificate edited so that you can get all other documents edited on that basis.

once you are legally married, only YOU can undo it. the state can't suddenly decide that you arent married unless it is some kind of criminal fraud from the very beginning.

a person who has HAD a sex change can usually marry a member of the (newly) opposite sex as long as the state has a way to reset gender. that way it is legally still "one man and one woman" even if it is genetically a gay marriage.