From Pink New UK: http://www.pinknews.co.uk/2013/03/29/us-transgender-man-told-he-cannot-divorce-wife/
An Arizona judge has rejected a divorce petition from Thomas Beatie, a transgender father of three.
by Scott Roberts
29 March 2013
Maricopa County Family Court Judge Douglas Gerlach ruled on Friday that Arizona’s ban on same-sex marriages prevents Thomas Beatie’s nine-year marriage from being recognised as valid.
Judge Gerlach said he had no jurisdiction to approve a divorce because there was insufficient evidence that Mr Beatie was a man when he married Nancy Beatie in Hawaii.
The couple’s divorce plans stalled last summer when Judge Gerlach said he was unable to find legal authority defining a man as someone who can give birth.
Judge Gerlach said: “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”.
He then went on to have two sons in 2009 and 2010 – Austin Alexander and Jensen James.
Complete article at: http://www.pinknews.co.uk/2013/03/29/us-transgender-man-told-he-cannot-divorce-wife/