No penis, no marriage

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Shadow Dragon

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Ten minutes of joy turned into days of agony and frustration this week for a transgender Ferndale man and his fiancee.

Jorden Swan, 25, said he and his fiancee obtained a marriage license Monday at Oakland County Circuit Court. While driving home, the couple received an unwanted phone call — they’d have to return the certificate and obtain a refund.

The court said it considered the impending marriage a same-sex marriage because Swan has not yet had a phalloplasty — a surgical procedure to attach male genitalia.
http://www.dailytribune.com/articles/2010/12/29/news/doc4d1be1ae89ef6786077792.txt?viewmode=default

Sigh...
 

PinkAmy

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I guess the powers that be are trying to cover all their bases since gay marriage is not yet the law of the land. I wonder if the ACLU can step in for him.
 

shaldna

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this is really sad.

it makes me angry too. I mean, okay, I get that SOME people have personal and religious views on same-sex marriages, but that's up to them. No one is asking them to marry a guy, or to even be there when it happens.

It seems like once again the opinions of the few are ruling the many.

Makes me glad that I live where I do, and at the same time slightly saddened that my tiny, backward little island is more progressive then the most 'developed' nation on earth.
 

Mara

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Requiring genital surgery for legal gender change is a barbaric and ignorant practice. But it's unusual to require phalloplasties for trans men to count as "gender reassignment" surgery. Usually they just have to have ovaries removed and such, because phalloplasties are expensive and less effective than vaginoplasties.

He should have gotten his birth certificate changed first if possible, rather than waiting until after he tried to do this. But I'm wondering if the idiots who blocked this are wrong even about their own state's laws, and phalloplasty isn't necessary as part of the "gender reassignment" surgery for trans men there.

I'm going to quit typing now before I get all mad and stuff.
 

Snowstorm

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He should have gotten his birth certificate changed first if possible, rather than waiting until after he tried to do this. ...

That's what I think. If they had waited until the birth certificate was changed, then he wouldn't have had to explain anything at all. (I'm guessing since I don't know what documents the court requires for a marriage certificate.) Sounds like they jumped the gun. Too bad.
 

Shakesbear

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Sad. Just very sad for the couple but even sadder for the people who regard the lack of physical attributes as a bar to marriage.
 

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But I'm wondering if the idiots who blocked this are wrong even about their own state's laws, and phalloplasty isn't necessary as part of the "gender reassignment" surgery for trans men there.

I strongly suspect this is a matter of policy and not law, and hope he has a lawyer.
 

Ink-Pen-Paper

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Surgery is a requirement for most states and for Social Security to change gender on original birth certificates. There are several states that will not change a birth certificate. Obama changed the policy for the State Dept. to allow passports to the correct gender using a letter from a doctor.
I strongly suspect this is a matter of policy and not law, and hope he has a lawyer.
 

Mr Flibble

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Surgery is a requirement for most states and for Social Security to change gender on original birth certificates.

Well that's just shit tbh.

And if they issued the license...how can they just take it back? Once you're married, you're married unless either one of the participants decides they don't want to be married any more. 'Oops, I made a mistake with your life' just doesn't really cut it as an excuse for interfering with that. A legal contract was signed.

I get that there are are laws (which I don't nesc. agree with) but if they've said 'hey you're married' how can they then say 'actually you're not' That's just...screwing with legality surely? A contract is a contract, which is what a marriage certificate is. (not to mention screwing the poor sods going through this.)


Part of me - a very large part tbh - feels that 'marriage' should be just a contract between you and the other person(s) you feel appropriate. No more, no less. The words are similar - I promise to do this if you promise to do that. Only, like, more romantic. That is what my marriage is if you boil it down - we decided to promise each other we'd do stuff. If anyone reneges, contract is cancelled (divorce).

Would save much aggro if people could sort it out themselves on that basis.
 

Mara

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Surgery is a requirement for most states and for Social Security to change gender on original birth certificates. There are several states that will not change a birth certificate. Obama changed the policy for the State Dept. to allow passports to the correct gender using a letter from a doctor.

Yep, but phalloplasty is often not required for trans men. Usually getting ovaries removed is enough.
 

absitinvidia

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Well that's just shit tbh.

And if they issued the license...how can they just take it back? Once you're married, you're married unless either one of the participants decides they don't want to be married any more. 'Oops, I made a mistake with your life' just doesn't really cut it as an excuse for interfering with that. A legal contract was signed.

I get that there are are laws (which I don't nesc. agree with) but if they've said 'hey you're married' how can they then say 'actually you're not' That's just...screwing with legality surely? A contract is a contract, which is what a marriage certificate is. (not to mention screwing the poor sods going through this.)


Part of me - a very large part tbh - feels that 'marriage' should be just a contract between you and the other person(s) you feel appropriate. No more, no less. The words are similar - I promise to do this if you promise to do that. Only, like, more romantic. That is what my marriage is if you boil it down - we decided to promise each other we'd do stuff. If anyone reneges, contract is cancelled (divorce).

Would save much aggro if people could sort it out themselves on that basis.


They weren't married yet. They had the license and were on their way to the ceremony when they were told the license was issued in error.
 

DancingMaenid

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Requiring genital surgery for legal gender change is a barbaric and ignorant practice. But it's unusual to require phalloplasties for trans men to count as "gender reassignment" surgery. Usually they just have to have ovaries removed and such, because phalloplasties are expensive and less effective than vaginoplasties.

This. He should really be able to get his gender legally changed without having genital surgery.

Plus, I'm a little curious about the use of "phalloplasty" in the article. I wonder if they were using that term to mean FTM genital surgery in general, because metoidioplasties can be better in terms of creating sexually functioning penises. It's very, very unlikely that I'd ever want genital surgery, but if I ever did, I doubt I'd get a phalloplasty.
 

Mr Flibble

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They weren't married yet. They had the license and were on their way to the ceremony when they were told the license was issued in error.

Er what? You get the license before you marry?

Okay, it's different here - you get the license, signed by witnesses, you are married.
 

DancingMaenid

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Where I live, you have to have the license first in order for the ceremony to be legally binding.
 

absitinvidia

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Er what? You get the license before you marry?

Okay, it's different here - you get the license, signed by witnesses, you are married.

Here it's two different steps, and some states even impose a waiting period, so you apply for the license and then a few days later it's issued.
 

benbradley

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Do they normally check heterosexual couples to make sure one of them has a penis, or is that only done at airports?
 

Mr Flibble

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Where I live, you have to have the license first in order for the ceremony to be legally binding.

AH okay - doffernt here.

You announce your intention ( the bans) then you gte your cert when you are legally married. Te bans is displayed for three weeks - enough time for people to make any compliant (like, you're already married etc) If no complinat against he marriage, you get married. It is slightly different on gay marriages, but I ain't sure of the specifics ( i've been to a couple, but I didn't ask, would be rude)
 

Unimportant

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Makes me glad that I live where I do, and at the same time slightly saddened that my tiny, backward little island is more progressive then the most 'developed' nation on earth.
Ditto! (My tiny backward little island is not the same island as yours -- I'm in New Zealand -- but it's kind of mindboggling that the USA is so far behind the rest of the world.)
 

JohnnyGottaKeyboard

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Mara

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So how many penises are enough to ensure a successful marriage?
 
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