Thomas Beatie, a transgender man who gave birth to three children, has been refused a divorce by an Arizona judge.
The judge has proclaimed that there is insufficient evidence to suggest that Thomas Beatie was male when he married; the state bans same-sex marriage.
Mr Beatie gave birth to a girl in 2008, which was the first of three pregnancies, after leaving life as a man for several decades.
Legally, Beatie is male, however he has maintained his female reproductive organs and then bore children as his wife was infertile.
Ryan Gordon, a spokesman for Beatie, stated that Judge Douglas Gerlach’s reaction was a shock, and noted that Beatie, who is planning to marry his new girlfriend, is looking to appeal.
“It’s unfortunate that the judge out here doesn’t recognise marriage in another state,” Mr Gordon noted.
Judge Gerlach wrote in his ruling that the couple failed to prove Mr. Beatie was a male when they got married. Gerlach scribed, “The decision here is not based on the conclusion that this case involves a same-sex marriage merely because on of the parties is a transsexual male.”
In December Beatie told the Arizona Republic newspaper, “I’m clearly a man: socially, legally, psychologically, physically – the whole ball of wax.”
Beatie started to take testosterone in 1979 and then undertook a double mastectomy in 2002, before his birth certificate was changed to male.
He then married Nancy a year later in Hawai. Beatie then stopped taking testosterone in order to give birth to his children, after it was revealed that Nancy was unable to get pregnant.
Nancy Beatie’s lawyer declared that Gerlach’s conclusion was thorough but not what she had hoped for, remarking, “He still sees a sam-sex marriage, but he gave us all the rulings that we’re asking for as far as the children.”
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