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Is it legal anywhere in the world for a man to marry a transsexual or have 3-way marriage? |
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Answer
From "Legal Aspects of Transexualism" by Sr. Mary Elizabeth, SSE:
". . . the New Jersey Appellate Division unanimously declared in 1976 that an individual who changes sex through surgery is entitled to all the legal rights enjoyed by others of the same sex, including marriage. The court rejected previous decisions in this country and abroad, in which a person's sex was determined solely by his or her chromosomes or designated sex at birth. The court ruled that "[i]f the anatomical or genital features of a genuine transsexual are made to conform to the person's gender, psyche, or psychological sex, then identity must be governed by the congruence of these standards." Therefore, at least in New Jersey, a marriage between a postoperative transsexual and a person of the opposite sex is valid as long as the transsexual tells the partner in advance about his or her sex reassignment.
The controversy continues, however. In In re Ladrach, reported upon by Jan Elliot, a postoperative male-to-female transsexual sought to marry a genetic male. Noting [incorrectly] that only Arizona, Louisiana, and Illinois statutorily permit changing sex on a birth certificate, although another twelve permit such change without statute, the court held that it could not alter the birth certificate of the transsexual without statutory authority and accordingly the transsexual could not lawfully marry a man."
In the U.S. state of Masachusetts, Canada, Belgium, South Africa, United Kingdom and Argentina, it is perfectly legal for same sex couples to wed. It is also legal in the Netherlands, but both people have to be Dutch citizens. The legality of the union will only be recognized in those countries.
If you decide to get married in the U.S., try to have the birth certificate changed to reflect the current gender. The state you are residing in may or may not grant your request. Good luck!
Answer
Depends. In some jurisdictions only the sex at birth is counted as the legal sex. But in that case if you happen to be the same sex as the transsexual's new sex you can get married. Other jurisdictions allow transsexual's to legally change their sex, but I don't think any require a legal change so if you're in one of those jurisdictions you can get married. If the transsexual's new sex is the same as yours though I would advise your partner not to legally change their sex unless you live in a place that allows gay marriage.
First answer by anonymous. Last edit by Sicktoaster. Contributor trust: 115 [recommend contributor]. Question popularity: 140 [recommend question]
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