It appears Texas has had its first legal gay marriage, according to the two couples who were married by Judge Carl Ginsberg earlier this month.
Both couples consider themselves female, but one member of each couple has had their gender changed surgically from male to female, according to CBS DFW.
“On all of my information, it still says male,” said Ashely Boucher. “So, legally I’m still male in the state of Texas. My presentation would suggest otherwise. But my documentation says that I can marry Genevieve no questions asked.“
“If you were born male and became female through being transgendered or having a gender reassignment surgery, they consider you to be biologically male,” said UTA political science professor Thomas Marshall.
According to CBS Dallas/Ft. Worth:
“The lady at the clerk said, ‘But you two are women’,” said Jonte. ”And we said, “Well, here are our documents. Can you give us a license?’ And they didn’t know what to say. A lot of closing the blinds.
“We sat our child between us when we applied there and said, ‘We’re a normal couple just like anybody else’.”
Jonte said she has two children from a previous marriage.
The couples are clear, they want to send a message. “I hope that we can be an inspiration for someone like myself who thought a few years ago this wouldn’t be possible,” Jonte said.
“That’s all I want is to be equal,” said J.J. Larson who married her transgender partner, too.
“It will be interesting to see if the state tries to intervene in this at all or upper appeals courts in Texas try to reverse this decision,” Professor Marshall said. “Certainly that would put their cases elsewhere in a very weak position if they were trying to do that.
On November 8, 2005, voters approved Proposition 2, a referendum for a state constitutional amendment placed on the ballot by the Texas legislature. The measure added a new provision to the Texas Constitution, Article 1, Section 32, which provides that “Marriage in this state shall consist only of the union of one man and one woman,” and “This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.”