Transgender Couples Get Equal Rights In Arizona Family Court
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Transgender Couples Get Equal Rights In Arizona Family Court
Are transgender marriages recognized in the Arizona courts?
In a recent ruling, the Arizona Court of Appeals ruled that a marriage with a person who is transgender is valid, even though same-sex marriages are not recognized in the State.
The distinction is that those who can by law get their birth certificates changed to reflect a new gender status also receive the rights connected to their amended status. For the court not to recognize those rights would violate fundamental equal rights protections guaranteed by the Constitution to all U.S. citizens.
The case involved Thomas Beatie who was born a woman in Hawaii and as an adult underwent surgeries and testosterone treatments to change his sex. After gender-testing, he was able to officially change his gender status to male on his birth certificate. He married Nancy Beatie in Hawaii in 2003. He retained female reproductive organs and became pregnant three times with donated sperm when his wife was unable to have children. The couple eventually moved to Arizona and sought a divorce. Last year, a judge denied the divorce request, ruling that Arizona’s ban on same-sex marriages prevented the marriage from being recognized as valid.
In August 2014, this decision was overturned. It remains on appeal to the Arizona Supreme Court. For the time being, it is a precedent-setting case that, if affirmed, is expected to protect many Arizona families with transgender marriages. Canterbury Law Group can assist in transgender divorce and transgender child custody and other family law issues under this rapidly emerging area of law.
Contact us today to schedule your initial case review. We’re here to help!