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If a man is legally married to a woman and then transitions his gender to female- is their marriage still valid?

Just another random crazy question of mine. Because technically, now, they have a same-sex marriage. So, in a state where same-sex marriage is illegal, would that marriage be dissolved?

 
Bellarose0212

Asked by Bellarose0212 at 2:50 AM on Aug. 17, 2009 in Relationships

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Answers (5)

  • He was male when he married her... right?
    The marriage is still legal regardless of what is between his legs.
    He signed a legal document and he'll forever have to list that man's name as his alias I'd think.
    I doubt that a sex change would exclude you from any legal documents/contracts/debts/medical records etc that are for your body.
    lisa_ann_p

    Answer by lisa_ann_p at 3:31 AM on Aug. 17, 2009

  • There was a case on court tv a few years ago where one of them had sex change (but was female to male) and married to a female. I wish I could think of the name of the couple. It changed the laws in some ways I believe because of the question of sex (the sex change wasn't complete but the marriage was legal because they were married in Hawaii).
    Yes, they're married still.
    lisa_ann_p

    Answer by lisa_ann_p at 2:59 AM on Aug. 17, 2009

  • Oh okay so that was kind of the opposite of what I was asking. Interesting. So, I was saying if the couple was heterosexual and legally married and then a partner changed genders, as a result, they are a same-sex couple. And the question that your case brings up is basically is a gender-change recognized by law. As in can a person who used to be one gender marry the gender they used to be now that they have had a sex change. Hmmmmm... It's all very interesting legal territory.
    Bellarose0212

    Answer by Bellarose0212 at 3:24 AM on Aug. 17, 2009

  • I really have no Clue but if you figure it out please email me cause that an awesome questions
    MrsCarlton

    Answer by MrsCarlton at 3:28 AM on Aug. 17, 2009

  • Yes they are still married by law because at birth and the time of the marriage he was a man and many courts still view him as a man.
    jakjasjon

    Answer by jakjasjon at 2:00 AM on Aug. 18, 2009

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