Trans Marriage Precedent

Posted by – December 26, 2013

I was so excited to read this I got shivers. A couple in Indiana got divorced after the husband transitioned to female, and were working out an amicable agreement when a circuit court judge rejected their divorce petition on the grounds that the marriage became illegal due to her transition.

But Indiana’s Court of Appeals said: not so fast.

The court ruled the marriage must be dissolved through traditional means because at the time of their wedding Davis and Summers fully complied with Indiana’s marriage law, which reads, “Only a female may marry a male. Only a male may marry a female.”

This is GREAT news, and great precedent, for those of us living in states with a ban on same sex marriages whose marriages were entered into before transition.

That is, ME. It’s great news for us and for couples like us.

 

 

1 Comment on Trans Marriage Precedent

  1. jadecath says:

    Yeah, I’ve seen people simply assert that, as long as your genders were legal when you married, your marriage will always be considered legal no matter what happens after that. But that clearly wasn’t a safe assumption to make, as the initial judge’s ruling shows. You’ve been in a legally undefined hazy state.

    So yes, the appeals ruling is great, and hopefully will be considered a strong precedent.

    And then, hopefully not long thereafter, equal marriage will spread everywhere and make the whole stupid thing moot.

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