"All people are not heterosexual. Heterosexuality is not superior and is not the norm by which all other sexual orientation and gender identities are measured." --Burnaby, B.C. Schools Draft Policy #5.45

Tuesday, April 26, 2011

Texas Marriage Controversy

There is currently a transgender marriage controversy going on in Texas. 

The story goes like this:

1. In 1999, the Texas Court of Appeals decided Littleton v. Prange.  That decision said that because a male to female transsexual was born male, she was therefore still male, so her marriage to a male was an invalid, because same-sex marriages are invalid under Texas law.

2. In 2009, the Texas legislature amended the statute listing the identification documents you could present to get a marriage license.  One of the documents--"slipped into the list", or "accidentally added to the list"--during the revision process was a "certified copy of a court order relating to an applicant's name change or sex change". (Texas Family Code Chapter 2, Subchapter A, Section 2.005(8) "proof of identity and age")

3. There was confusion over the effect of the revision.  Was it a statutory overriding of Littleton?  If you were a male to female transsexual, could you now get a marriage license to marry a male?  A news story describes a male to female transsexual and her female fiancee.  They were denied a marriage license in one county because the county understood them to be a same sex couple.  Another county, with Littleton in mind, issued them the license. 

4. A bill is before the Texas legislature currently that would remove the words "sex change".

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