03 May 2009
Civil Rights
When a male has a sex change to become a female, can he then legally marry a man? I was reading about how the majority of Americans are supporting civil rights for all. According to New York Times and CBS news, 42% (that is an increase from 33% just a month before) say same sex couples should be allowed to be legally married. I know that there are a few states now that support gay marriage, but how does a person who had a sex change fit into the laws? Is it still considered gay marriage then?
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In South Carolina, that answer is yes, he can legally marry as a woman, and no, it is not considered gay marriage if there is a court order that legally declares him female. When I worked for the Probate Court in Greenville, I had an estate in which the devisee was a female-to-male transgendered person. Before I could legally list him as a devisee (because the Will had his female name), I had to attach a copy of the order that legally changed his name and in it it recognized his gender change. For all intents and purposes, he was legally declared male.
ReplyDeleteAnother interesting question this brings up is what about people like the one in the article we read, who appear female but are genetically male. If they wish to be treated as males, and genetically, they are males, can the court inhibit a marriage between him and a female? It would look to be a same-sex marriage. This is a good point when considering the question of what makes us male or female.