Monday, April 25, 2011

Transgender Marriages May No Longer Be Legal in Texas

The fight over the legality of gay marriage is one that continues to be fiercely debated in state houses around the country, and it is unlikely that this issue will cease to be a hot topic in elections at any point in the near future. Meanwhile, though, there is another community fighting for their right to be married in the state of Texas.

Texas passed legislation two years ago that included an amendment allowing transgendered men and women to use proof of their sex change as documentation for approval of a marriage certificate. With the sex of one partner effectively changed through surgery, the marriage would be considered one between a heterosexual couple. However, Republican lawmakers now want to remove that provision, stating that the Texas Constitution defines marriage as being between one man and one woman and a person's gender is determined at birth.

The sponsors of the legislation are using a 1999 ruling by a state appeals court, which stated that, when concerning marriage, gender identification cannot be changed. Also, they assert that the provision allowing someone who has had a sex change to marry was quietly tucked a large piece of legislation and Governor Rick Perry never intended to sign such a idea into law.

What are your thoughts on the rights of those who have completed the sex change process being allowed to marry? Should Texas keep this law on the books, in line with most other states in the country? Or, are the legislators on the right track in their attempts to repeal the law?

At Bertolino LLP, we have experienced family law attorneys who are ready to guide you through all of the difficult issues that can arise concerning marriage, parenting, divorce, and other emotional situations. Please contact our Austin, Houston, or San Antonio office today and let's discuss how we can help you.

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