March 29, 2013 - Associated Press
PHOENIX (AP) — An Arizona judge on Friday refused to grant a divorce for a transgender Arizona man who gave birth to three children after beginning to change his sex from female.
Maricopa County Family Court Judge Douglas Gerlach ruled that Arizona's ban on same-sex marriages prevents Thomas Beatie's 9-year union from being recognized as valid.
Thomas Beatie was born a woman and later underwent a double-mastectomy, and began testosterone hormone therapy and psychological treatment to become a man, but he retained female reproductive organs and gave birth to three children.
Gerlach said he had no jurisdiction to approve a divorce because there's insufficient evidence that Beatie was a man when he married Nancy Beatie in Hawaii. He said the Beaties never provided records to fully explain what Thomas Beatie actually had done and not done to become a man.
"The decision here is not based on the conclusion that this case involves a same-sex marriage merely because one of the parties is a transsexual male, but instead, the decision is compelled by the fact that the parties failed to prove that (Thomas Beatie) was a transsexual male when they were issued their marriage license," he wrote in Friday's ruling….To Read More....
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