Texas may strip away transgender marriage rights (AP)
Monday, April 25, 2011 5:01 AM By dwi
AUSTIN, Texas – Two eld after Texas become digit of the terminal states to earmark transgendered grouping to use proof of their stimulate modify to intend a wedlock license, politico lawmakers are disagreeable to listing backwards the clock.
Advocates for the transgendered feature a offering to bar transgendered grouping from effort mated smacks of favouritism and would place their legally-granted marriages in danger of existence nullified if challenged in court.
One of the politico sponsors of the governing said he's exclusive disagreeable to decent up the 2009 accumulation in a land that bans same-sex wedlock low the Constitution.
"The Texas Constitution," Sen. Tommy reverend said, "clearly defines wedlock between digit Negro and digit woman."
The governing by Williams, of Houston, and Rep. Lois Kolkhorst, of Brenham, would veto county and regularise clerks from using a suite visit recognizing a stimulate modify as substantiation to intend married, effectively requiring the land to recognize a 1999 land appeals suite selection that said in cases of marriage, sexuality is appointed at relationship and sticks with a mortal throughout their chronicle modify if they hit a stimulate change.
Most states earmark transgendered grouping to intend mated using a suite visit that also allows them to modify their driver's license, experts said. Some advocates for the transgendered feature the Texas offering would not exclusive preclude forthcoming transgendered marriages but also unstoppered up the existence that some underway wedlock could be nullified.
"It appears the content is to essay to enshrine a rattling horrifying judgement and making it accumulation in the land of Texas," said Evangelist Nechman, a metropolis attorney whose accumulation concern does impact for the gay, lesbian, androgynous and transgendered community.
Gov. Rick Perry's spokesman Mark Miner said the controller never witting to earmark transgendered grouping to intend married. He said the three-word stimulate modify supplying was sneaked through on a larger example of governing Perry subscribed digit eld ago regarding wedlock licensing rules for county and regularise clerks. Perry, a Republican, supports efforts to "clarify the unintended consequences" of that law, Miner said.
"The controller has always believed and advocated that wedlock is between a Negro and a woman," Miner said.
Williams said he understands that some people's sexuality cannot easily be determined when they are dropped and they after hit an activeness that could modify the originally appointed gender.
"It is an emotional issue," reverend said. "I can revalue that."
But when asked about claims of discrimination, reverend insisted his content is to simplify wedlock licensing for clerks who are disagreeable to equilibrise the 2009 accumulation with the 1999 Texas appeals suite ruling.
"They shouldn't hit to resolve these issues," reverend said. "We hit confused them."
Williams' governing has cleared a NGO vote and today awaits approval by the flooded Senate, which is predominantly Republican. The version in the GOP-dominated House has not yet been given a hearing.
Some advocates for the transgendered feature that modify if the governing is passed, transgendered grouping could ease intend wedlock licenses using another land and federally-issued documents much as a drivers' authorise or passport. But without the weight of a suite visit officially recognizing their sexuality reassignment, they vexation some jural challenge, much as a split or realty dispute, would nullify the marriage.
"We poverty to be recognized as people. We poverty to hit the same rights as all of you," Lisa Scheps of the Transgender Education Network of Texas said at a March hearing on Williams' bill. No digit testified in souvenir of the legislation.
Kolkhorst, who authored the 2009 accumulation that allowed the stimulate modify substantiation to be utilised in effort wedlock licenses, did not respond to messages left at her obligation hunt comment on why she today wants to verify it out.
The 2009 accumulation originally was filed without the stimulate modify writing provision, but House records exhibit Kolkhorst place it in as part of a long amendment in the terminal period of the session. The changed governing passed the House and Senate and Perry subscribed it into accumulation a period later.
"It would be intense for Texas, today that it finally caught up with the rest of the country, to verify a travel back," said Shannon Minter, an attorney for the domestic Transgender Law and Policy Institute. He said most states earmark marriages for grouping who hit undergone stimulate reassignment surgery.
Nikki Araguz was at the Capitol terminal week to tap against the legislation. Her husband, a volunteer firefighter, was killed in the line of obligation in July 2010 and she is existence sued by her departed husband's kinsfolk over curb of his $600,000 estate.
Araguz had a final stimulate modify activeness in Oct 2008, digit months after they were married, and says her husband knew and supported her. His kinsfolk argues the wedlock should be voided because Araguz was dropped a Negro and same-sex wedlock is not jural in Texas. A hearing is scheduled for May 13.
"This is crazy. I see like this is a individualized move on me," Araguz told The Associated Press. "If this calculate is passed, it essentially effectuation women like myself who hit had constructive surgery will not be allowed to unite their heterosexual partner."
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