Thomas Beatie, born a female but went through a partial sex change and is now identified as a man, cannot get a divorce to a woman he legally married nine years ago in Hawaii.
The Aba Journal reports:
“The decision here is not based on the conclusion that this case involves a same-sex marriage merely because one of the parties is a transsexual male, but instead, the decision is compelled by the fact that the parties failed to prove that [Thomas Beatie] was a transsexual male when they were issued their marriage license,” said the judge in his written opinion.
The judge concluded that the decision to not grant the divorce doesn’t stem from the fact that Beatie is a transsexual male, but because he cannot prove that he was a transsexual male when they were issued their marriage license.
The upside to this judgment is that Beatie can avoid paying spousal maintenance. However, Beatie’s girlfriend doesn’t want to date a married man.
Beatie was known as the “pregnant man” in 2008 because he never had his reproductive organs removed. Beatie is required to pay $240 a month to the three children he bore during the marriage, now four, three and two years old.
An appeal to this case is expected.