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by Erika Cantrell
" What will the sophisticated male-to-female TS be wearing this Spring on her wedding day?" Could this be the cover title of a future article in Post-Modern Bride? I know, I know I've been fantasizing overtime . . . big time!!! And no, gentle reader. . . I haven't already picked out my wedding dress . . . . all thoouugghh . . . there was one satin and tulle gown . . . Oops! Sorry!! There I go again . . . off on another daydream!!!
Enough already . . . reality calls!!!
I suppose I don't need to remind anyone reading this magazine that issues surrounding same-sexmarriage continue to be intensely debated in the mass media, gay/lesbian press, and legislative bodies across the nation. At the risk of further muddying the water I decided to devote the remainder of this column to examining same-sex or so-called gay marriage from a (i.e., my)transgendered perspective. " Why?" you say. First, the legal spinoffs from this controversy could have spinoffs for transgendered people, especially transsexuals. Second, it's possible that existing legal precedents relating to marriages involving a transgendered spouse could contribute to a future legal debate on the biologic requirements for state sanctioned marriage. Finally, I love irony and medico legal hocus-pocus . . . just read on . . . you'll see!
Before I begin, I have to apologize (yet again) to our female-to-male readers for focusing on the male-to-female transsexual. Actually, in my first draft I tried writing everything as his/her,male/female etc. etc but even I couldn't understand what I had written. So, just keep thinking" and vice versa" . Anyway, here goes!
Let's start by considering what happens when a " genetic male" has sex reassignment surgery(SRS) and legally changes her sex to female and seeks to marry a genetic male. By existing law, no problem . . . marriage license granted in all fifty states. You may be murdered by your unknowing husband (who'll probably be slapped on the wrist for justifiable homicide). . . but that's a different story altogether.
Current laws generally stipulate that marriage is a union between a man and a woman. So it certainly seems reasonable to me, an admittedly conventional girl, that a woman (defined as a female person) can marry a man. But what is the legal basis for this situation . . . one which effectively allows the marriage of two genetic males? There is no law that states that a male-to-female transsexual can marry a male. It just happens. It's simply the case that someone with an" F" on their birth certificate (i.e. a woman) can marry someone with an " M" (i.e. a man), no questions asked. If a new-" F" tries to marry someone else with an " F . . . " sorry ladies, we don't allow any of them there lesbian marriages around here!"
So how do all of us get our magic letter? Well, like many things it usually comes down to one (or two) things. . . penises and vaginas . . . or as some might say the penis-haves and the penis-have-nots! Immediately after birth the obstetrician or neonatologist looks between your legs and if you've got one or something that looks like one (strap-ons don't qualify) you're male and you're awarded an " M" . . . if you don't . . . well, you draw an " F" . It's my understanding that unless cytogenetic testing was performed during gestation, it's usually no more complicated than that. Only occasionally (e.g., with an obvious external abnormality) is there a detailed examination of internal organs or cytogenetic testing. If there's an ambiguity, rest assured that surgeons and endocrinologists will be recruited in order to guarantee that you'll get a letter, and only one letter, no M/Fs allowed around here. Once sex is assigned, the rest is history and for some . . . a lifetime burden.
So, how does someone like me, who grows to adulthood with a mismatch between their assigned sex and gender, get their letter changed (I like to think of it as upgraded) from an " M" to an " F" ? On the face of it . . . the answer is straightforward . . . you go from a " penis-have" to a " have-not" and present the documentation (no, not the organ in a bottle) to the court which then mandates a change of sex on your birth certificate. If you don't have a penis it's obvious you no longer have what it takes, and you deserve an " F" ! " On the up side, you're now eligible to enjoy all those social and economic benefits of being a woman (huh?)."
Now when it comes to a female-to-male TS getting an " M" , the logic gets a bit more tenuous and perverse. Not too surprising given how hard it is to get moved up the ladder these days! " . . . Oh,you don't have a real penis, and you want an " M" ? I don't know, you're asking a lot . . . I think we better take something in return! Why don't you come back after you've had a hysterectomy?"
By now it's probably become clear to some of our more clever gay/lez readers how you can get around a ban on same sex marriage. Simple, draw straws . . . and the " loser" gets altered!Fortunately, the they won't even have to leave the community . . . that's what the T in GLBT is for. Those who draw a short straw can reach the St. Louis Gender Foundation at 367-4128.(Please excuse us if we're slow in responding . . . we're expecting a deluge of calls.)
Obviously, for some members of the religious right, the current situation, which allows marriage of transgenders, must be viewed as an appalling oversight. In fact, I've read online that a few of the recent " gay marriage" bills introduced in some state legislatures have tried to specifically exclude marriage for transgenders or proposed criteria based on genetic sex. Although it seems unlikely that efforts to require cytogenetic testing would be upheld by the courts, stranger things have happened!!!
Interestingly, the situation is very different in Great Britain and most European countries where post-operative transsexuals have never been allowed to change their sex designation. What ya get at birth sticks! A TS can get married, but only to another person of the opposite genetic sex.Voila, for a male-to-female TS . . . a state sanctioned lesbian marriage! But if she wants to hookup with a guy, forget it!
Yet another interesting situation occurs when one member of a married couple under goes sex reassignment surgery. Although in the past transsexuals were expected to obtain a divorce prior to SRS, and most spouses seek a divorce, such couples have not been required by law to dissolve their marriage. This again allows what amounts to a state sanctioned same-sex marriage.Nevertheless, a few creative couples have hedged their bets and preserved the social order with . .. you guessed it . . . a double sex-change marriage.
Gosh, aren't alternative lifestyles fun!?!
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Edited 12/6/96.