ABC News is reporting that Thomas Beatie, a transgender American who conceived and bore 3 children after beginning transition from female to male, is a man for purposes of Arizona law banning same sex marriage. Thus, his marriage to Nancy Beatie was valid Under Arizona law; thus he and Nancy can pursue their divorce legally in the state of Arizona.
A transgender man in Arizona who gave birth to three children after beginning to change from female to male can continue to pursue a divorce, a state appeals court said Wednesday in reversing a judge who refused to end the marriage.
A three-judge panel of the Arizona Court of Appeals ruled that Thomas Beatie’s marriage to Nancy Beatie in Hawaii in 2003 is considered valid in Arizona and concluded it wasn’t a same-sex union.
Last year, a lower court judge denied the divorce request and ruled that Arizona’s ban on same-sex marriages prevented the marriage from being recognized as valid.
Beatie began to change sex before the marriage but retained female reproductive organs and became pregnant three times with donated sperm when Nancy Beatie was unable to have children. The couple eventually moved to Arizona and sought a divorce a few years later.
This ruling is definitely wrong. With all due deference to the court and to Thomas Beatie, it seems that he (or she) cannot have it both ways. If you are a man, that is what you are. If you are a woman, that is what you are. So far in American society, you kinda just can’t be both. Saying that you are a man or a woman is not enough. Biology does play a role. So, you say you are a man but you are giving birth to three kids. This is confusing. It is using gender in ways that are convenient for sure but it is also gaming the system. So basically a person can say they are male but then be female when it is convenient. It’s having cake and eating it too and something is wrong with this.
Right or wrong, the law in Arizona at the moment is that same sex marriage is illegal. So if two “women” want to get married they can’t do so legally in the state of Arizona at this time and that means they cannot get a divorce legally in the state either. Thus, the Court of Appeals got it wrong on this case. What really needed to happen was to constitutionally attack Arizona’s ban on same sex marriage; not adjudicate Thomas Beatie a “man” to get him over the hump of the law (while penalizing others who are in the same boat) and then saying “yes, sir, you have a legal marriage” when everyone can see this is a farce. Maybe he will transition completely eventually to being a man; but if a person can give birth, in the human species at least, that person is not a man, but a woman. This is just where we are in human evolution at the moment.
This means that it was a same sex marriage that occurred with Thomas and Nancy and it should not have been permitted under current law in the state of Arizona. Again, the solution lies in the underlying ban on same sex marriage in the state of Arizona. It is that issue that needs to be addressed. It is that issue that creates this problem, confusion and farce. But you cannot look at someone who just gave birth to three kids and decide this person is a man just cause it is convenient. This just does not fly by any definition of the word. Indeed it is completely insulting to everybody’s intelligence and really is a very limited band aid to a much larger societal problem in the state.