Can a same sex couple with one being a transwoman, slip pass the registrar to get a marriage License?

| DNS | By: registrar

I mean if the registrar can be distracted so that he/she doesn’t see the sex box?

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Comments

Comment from Karen
Time April 20, 2010 at 11:28 am

In most places a trans woman is legally a man.
So yes they can marry a woman.
Oddly the same law stops a post op female from marriage with a man.
To make it simple its still whats on your birth certificate that counts in law.
sorry thats the best i can do.
PS dont lie to a registrar You can be arrested.

Comment from Kyle D
Time April 20, 2010 at 12:20 pm

Yes, and no. They can get a marriage license but if/when she is considered female on documents the marriage will be void.

Comment from Rikki W
Time April 20, 2010 at 1:06 pm

Once you have had the operation and had all your papers changed into the new name you are classified as female and there is no reason why you can’t get married,you can even marry a straight guy.

Comment from Rachel_S165
Time April 20, 2010 at 1:13 pm

No, I’m pretty sure the registrar will examine your application pretty closely. You probably can’t slip anything past him/her.

But a MTF trans-woman’s original birth certificate will show her as “male”. If she then marries a cisgender woman, the registrar can’t deny the couple a marriage license, since according to their respective birth certificates, they are a “male” and female couple.

If a trans-woman wants to marry a man in some states, she can apply to get a revised birth certificate reflecting her sex change to female, and then she can marry her boyfriend. Some states do NOT allow revised birth certificates to be issued to trans people, however, and then, based on their birth certificates they would be considered a “same-sex” couple and would not be allowed to get married, except in Massachusetts or California (or Canada).

Comment from tristi
Time April 20, 2010 at 1:34 pm

pre srs yes. because the state still looks at the transman as a legal woman. so they would see it as a man and woman. mary this person before they have srs and become legally male and then your in. its a good loop hole

Comment from Brittney
Time April 20, 2010 at 2:31 pm

It is possible but if you get caught you could be arrested for perjury

Comment from Marki
Time April 20, 2010 at 3:20 pm

it recently happened here in Virginia

http://www.cnn.com/2008/CRIME/06/23/marriage.investigation.ap/index.html

Comment from mtfradgal
Time April 20, 2010 at 3:42 pm

You question is way too vague.

It depends on where the person is in transition.

Are they a “same-sex” couple before her transition or after?

So it is impossible to answer the question as written.

In most jurisdictions if the trans woman has had SRS she is considered female. A trans woman can get a new birth certifcate in 47 states. Only Tennesee, Ohio and Idaho refuse to change the birth certificate. However, efforts are underway to get that changed in Tennessee and Ohio.

Hope this helps.

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