If a heterosexual couple gets married in a state where gay marriage is banned and then one of them realizes that they are transgendered and they legally switch genders but the couple decides to not break up, are they still legally married?
Uh... Wow. That's a good question I wish I could answer. Staying tuned to this thread for my own edification.
That's a great question. I've never thought about it before. I would think so just because they were married before one of the partners switched genders.
Wow, really good question. I would think so. I read about a situation like this once actually, maybe in Oregon I want to say (?), where the husband realized he was transgender and made the switch, then they both became huge activists for marriage rights and things, but I don't remember how it turned out. I've always wondered, when a person makes the switch down below, where do the new genitalia come from? An organ donor?
I was just wondering about that actually, although I'm not sure of the answer. Hopefully someone can provide insight.
I dont think so because the marrige was made between a man and a woman(which was legal) but then one of them became a man or women then the marrige is between two people of the same sex(which is not legal) Also one of the marrige vows would no longer apply the one that goes will you take x to be your lawfully wedded husband or wife so he/she would no longer be husband/wife
Hmm, I've heard of state governments not granting marriage licenses. I'm not too sure about retroactively voiding a license, though. I don't think there is a strong legal precedent for it.
In the UK (until gay marriage comes into effect), it's not possible to legally change one's gender while married. You have to get divorced first. Which is, quite frankly, disgusting.
It depends on the state and there is not a lot of precedence set. I researched it because my husband came out as transgendered to me (ftm) about 5 months ago. We live in the deep south, where gay marriage is most definitely not accepted. Basically, what I came up with is that they were a heterosexual couple when they were married, and therefore the marriage is valid. HOWEVER, if one of them has a complete sex change and legally has their birth certificate amended - get this - it's like that person died because the person who married no longer exists! Like I said, there is not much precedence set in the situation (for non-legal-types, that means case law is not set in stone yet because cases like these are not very common)... there are some instances where not only would the marriage become invalid, but they could also lose any children they had before transitioning.