Why Marriage Matters to Transgender Persons
The current marriage debate impacts many issues that are important to transgender people. Regardless of their legal gender identity, marriage discrimination often prevents transgender people from marrying not only a person of the same sex, but also someone of the opposite sex. Once legally married, transgender people are still not guaranteed their rights if their status is made public.
Use the key resources below to learn more about why marriage matters to transgender persons and their communities.
FROM EVAN WOLFSON:
California, Here We Come
Freedom to Marry's Executive Director Evan Wolfson talks about the California Equality Project. This project will bring to bear the expertise and resources of a coalition of more than 30 national, state, and local civil rights and lesbian, gay, bisexual, and transgender organizations, including Freedom to Marry and many of our partners.
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WHERE YOU CAN GO TO GET INVOLVED OR LEARN MORE:
National Gay and Lesbian Task Force-Transgender Issues
In 2001, the Task Force established the Transgender Civil Rights
Project to work for transgender equality. The Task Force strives to
make all of its work transgender-inclusive and also believes that
working on transgender-specific issues is critical to meeting our
mission of achieving freedom, justice and equality for all LGBT
people.
The Transgender Law and Policy Institute
The Transgender Law and Policy Institute is a non-profit organization dedicated to engaging in effective advocacy for transgender people in our society. The TLPI brings experts and advocates together to work on law and policy initiatives designed to advance transgender equality.
National Center for Transgender Equality
The National Center for Transgender Equality (NCTE) is a 501(c)3 social justice organization dedicated to advancing the equality of transgender people through advocacy, collaboration and empowerment.
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LEGISLATIVE STATUS RELATING TO TRANSPEOPLE IN THE U.S.:
Trans People and Marriage
Transgender people face unique legal issues with regard to marriage. Although marriage is not yet a legal option for lesbian, gay or bisexual people in any state, it is already an option — and a reality — for many who are transgender. This article summarizes the legal issues surrounding marriage for transgender people and suggests some ways that transgender persons can protect their marital relationships.
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PUBLICATIONS:
A White Paper: An Analysis of the Law Regarding Same-Sex Marriages, Civil Unions, and Domestic Partnerships
This 58-page analysis includes examinations of transgender people and marriage. Only a handful of courts have ruled on the validity of a marriage entered into after a transsexual person has undergone sex-reassignment. At least two courts have recognized the individual's
reassigned sex for the purpose of marriage. In contrast, a few courts have ruled that, for purposes of marriage, a person's legal sex is irrevocably determined at birth.
FAQ: Transgendered people and the Federal Government
This publication offers basic information about the discriminatory Federal Marriage Amendment.
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NEWS:
Group pushes for marriage equality
For Melissa Clark, there has been frustrations, disappointments and discrimination throughout her life. But she has refused to let anything hold her back. Melissa Clark is a transgender woman. At Friday's Pride along the Mohawk meeting to push for equal marriage rights for the lesbian, gay, bisexual and transgender community, Clark said she was ready for yet another uphill battle.
BLOG: Who can marry whom?
Is there same-sex marriage in the U.S. outside of Massachusetts? Well, it depends what you mean by "sex," I suppose, when you take into account the difficulties that most states have in accepting the reality of variant gender identity.
Judge dismisses transgender marriage-fraud lawsuit
Sandy Gast and Georgi Somers are two transwomen who tried to marry. Gast's application for a marriage license led to her arrest for fraud.
Court denies transgender marriage appeal
Jacob Nash is an FTM with an amended birth certificate who was denied the right to marry his girlfriend in Ohio.
Double bind: Why a woman in MI is a man in KS, and why it matters
This is an article about MTF widow J'Noel Gardiner and her fight to inherit her husband's $2.5 million estate.
KS Supreme Court summary of the Gardiner case.
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MULTIMEDIA:
Online Videos by Veoh.com
A transgender New Jerseyan talks about marriage
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The Transgender Law and Policy Institute is a non-profit organization dedicated to engaging in effective advocacy for transgender people in our society. The TLPI brings experts and advocates together to work on law and policy initiatives designed to advance transgender equality.
Transgender people face unique legal issues with regard to marriage. Although marriage is not yet a legal option for lesbian, gay or bisexual people in any state, it is already an option — and a reality — for many who are transgender. This article summarizes the legal issues surrounding marriage for transgender people and suggests some ways that transgender persons can protect their marital relationships. (pdf)
This 58-page analysis (pdf) includes examinations of transgender people and marriage. Only a handful of courts have ruled on the validity of a marriage entered into after a transsexual person has undergone sex-reassignment. At least two courts have recognized the individual's
reassigned sex for the purpose of marriage. In contrast, a few courts have ruled that, for purposes of marriage, a person's legal sex is irrevocably determined at birth.
