Alex Blaze

Texas Republicans Propose Law to Legalize Same-Sex Marriage

Filed By Alex Blaze | April 27, 2011 9:30 AM | comments

Filed in: Marriage Equality, Politics, Transgender & Intersex
Tags: birth certificate, gay marriage, gender, law, marriage, Nikki Araguz, Texas

That headline is the gist of this story from the Austin Statesman, even though it says the law is to "strip away transgender marriage rights."449px-TransgenreatParis2005.JPG The law, as the Statesman describes it would explicitly allow certain marriages involving transgender people while prohibiting others.

I've posted before about Texas's complicated situation regarding trans people and marriage because of its recently passed law that says that gender on a birth certificate can be over-ridden by a court order, something that some counties are recognizing while others aren't. The law proposed by the Texas Republicans would repeal that law (which they says was accidentally signed into law by Governor Rick Perry two years ago... riiiiiiight) and make marriage only about matching up two birth certificates.

That would mean that marriages like those between Sabrina Hill and Therese Bur, one cis woman and one woman who was born with ambiguous sex characteristics, assigned male on her birth certificate, and then changed her paperwork in her 20's, could be legally married in Texas. To most people, that would be a lesbian marriage. But here's how the Republicans describe why that marriage should be allowed:

"The Texas Constitution," Sen. Tommy Williams said, "clearly defines marriage between one man and one woman."

A good a reason as any to legalize certain lesbian marriages.

The Statesman implies that the bill is a response to the Nikki Araguz case, a case of a trans woman who was widowed and then sued by her husband's parents who wanted his survivor benefits. Do these Texas Republicans think they'll be preventing same-sex marriage by only allowing her to marry a woman in the future?

No one spoke in favor of the bill at the hearing although that doesn't mean it won't pass. While I believe that the benefits associated with marriage should be available to unmarried people and that marriage should be allowed for all people regardless of gender, if they're going to define anyone's gender as anything it should be the gender they are, not the gender a doctor or nurse wrote several decades earlier on a sheet of paper.

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Governor Perry will finally get to divorce his wife and marry Buck Angel.

http://www.flickr.com/photos/hotcherry/1006736550/

Someone with photoshop skills should compose an image of that to drive it home.

Well, everyone wants a piece of Buck Angel. I know I would...

I am guessing where they will finally land is that trans ppl just can't marry. 'Cause, you know, we're just fucked up freaks, right, and they wouldn't want to support that in the land of 'real men and women, and patriots', now would they?

Maybe they should just declare open season on trans ppl, and have annual trans round-ups, like they do for rattle snakes (though noone would want to eat trans ppl, they might get AIDS or something".

Yea, they will need to cover all bases. And they would probably make it illegal for anyone in the LGBTTQ to get married at all....just in case they confuse a single clerk.

Perhaps they could just let clerks shoot gay and trans ppl right then and there if they apply for a marriage license (most ppl in Texas are armed anyhow, it seems; if not, they could jsut keep a shotgun under the desk, like they used to do in the bars). Would save everyone a lot of trouble.

I'm Carol where do you think they get Trans Fats From? :)

(laughs)

That is too funny!

And of course, trans fats, like everything else trans, are considered harmful and evil. (sighs)

I joke about girl scouts chasing us with clubs so they can make their cookies.It is sad how all of us are viewed to include the transfats but we can overcome it by making fun of it and not letting it hold us down. :)

Great Amy, not they are going to outlaw transfats because well, it might confuse them.

The title of your post is confusing but, of course, that would be the outcome. What is involved with this situation goes way beyond marriage, however.

So, happy to hear you say, ", if they're going to define anyone's gender as anything it should be the gender they are, not the gender a doctor or nurse wrote several decades earlier on a sheet of paper."

Ironically, both Sabrina Hill and Nikki Araguz were born with obvious physical intersex variations. Of course, some people will choose to partner with men, some with women. Obviously, many who partner with women are also women and vice versa but who you are and how you are treated is more fundamental than who you chose to form relationships with. There is a lot more at stake than marriage rights in both these instances.

While I believe that the benefits associated with marriage should be available to unmarried people and that marriage should be allowed for all people regardless of gender, if they're going to define anyone's gender as anything it should be the gender they are, not the gender a doctor or nurse wrote several decades earlier on a sheet of paper.
Very well said Alex for transsexuals and the intersexed no label should be more important than the label that identifies them as who they are on the inside male or female and in some cases neither or both.

It's just a matter of who you hate most, isn't it? Who do you want to disadvantage most. It's apparently one of those really difficult yet all-important questions, like how many angels will fit on the head of a pin.

To add another funny twist: Not all trans people are hetero in their proper gender. i.e. I was born a boy (marked as male sex) but am undertaking SRS. However, I am interested in women. Oddly enough, Texas is one of the few states that allows this type of lesbian marriage because it still falls under their ideal of the "proper man and women." (Not that I want to use my previous male "privilidge" to obtain my own goals).

However, the new law in 2009 would make it an illegal lesbian marriage if my updated documents are challenged at the court level for being marked female if they choose not to look at the original certificate. What a mess!

When will the day come when the world sees people as people regaurdless of what is between their legs. I am a PERSON and I want my rights to marry another PERSON. However, I am not a penis converted into a vagina that wants to marry a vagina and have the rights of a penis/vagina...