Marriage Oath In Ohio County Asks If Person Is Transsexual

7 posts in this topic

Posted

Under Ohio law a person's birth gender is the only one considered legal. It does not bar transsexuals from marrying but means that a male to female transsexual can only marry a woman.

I wonder how many M2F lesbians have exploited this!

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Posted

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Posted

That's something I worry about. If I change legal gender, will my marriage be invalidated? Will my wife lose her right to my life insurance, health insurance, home, assets, and inheritence if I die?

The law isn't settled on this right? It hasn't been tested?

No, it hasn't been tested. But I don't anticipate a test any time soon. For now you can assume that if you were legally married before DOMA was passed that your marriage will continue to be legal.

The milestone court case will be on the legality of DOMA (Defense of Marriage Act). You see, up to the point DOMA became law, states practiced reciprosity. If your marriage was legal in state A, it was legal anywhere. That is common law that has been in existance for more than a thousand years. DOMA took that away. At some point DOMA will be challenged and overturned by the Supreme Court. But for that challenge to be certain of success, the couple challenging it will have to be a heterosexual couple, legally married in state A and denied marriage rights in state B. Given time it will happen unless DOMA is repealed first.

A married couple with a transsexual partner could be that couple. But the opponents of gay marriage know the possible consequences of such a case, so they will do whatever they can to avoid it going to trial. For now, your marriage should be safe.

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Posted

I would love to get married to my future life partner and that Loop hole for MTF lesbians sounds great for me, but I can't support it. We need equality for all. Is that even constitutional? Any idea when someone will challenge DOMA?

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Posted

Perhaps I am oversimplefying here, but if say an FtM goes to all the trouble to get all the legal name/gender marker changes and was born in a state that issues a brand new birth certificate rather than an amended one, short of madatory genetic testing how would another state know what your actual birth gender was?

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Posted

:blink: I read some sort of legal marrage site someplace, not to long ago, and it pointed out that an FtM can not be denied to marry another women. As long as their identity proves that the gender is male. That reminded me, I need to find that web page again, and when I do I'll post it up.

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