That, and other pertinent gay-trans-marriage questions arrive in Jennifer Finney Boylan’s essay from Maine that, while one-part touching is 10-parts excellent in pointing out the ridiculous nature of gender definitions and marriage laws. “For our part, Deirdre and I remain legally married, even though we’re both legally female. If we had divorced last month, before Governor Baldacci’s signature, I would have been allowed on the following day to marry a man only. There are states, however, that do not recognize sex changes. If I were to attempt to remarry in Ohio, for instance, I would be allowed to wed a woman only.” The possibilities get even more bizarre.
A 1999 ruling in San Antonio, in Littleton v. Prange, determined that marriage could be only between people with different chromosomes. The result, of course, was that lesbian couples in that jurisdiction were then allowed to wed as long as one member of the couple had a Y chromosome, which is the case with both transgendered male-to-females and people born with conditions like androgen insensitivity syndrome. This ruling made Texas, paradoxically, one of the first states in which gay marriage was legal.
A lawyer for the transgendered plaintiff in the Littleton case noted the absurdity of the country’s gender laws as they pertain to marriage: “Taking this situation to its logical conclusion, Mrs. Littleton, while in San Antonio, Tex., is a male and has a void marriage; as she travels to Houston, Tex., and enters federal property, she is female and a widow; upon traveling to Kentucky she is female and a widow; but, upon entering Ohio, she is once again male and prohibited from marriage; entering Connecticut, she is again female and may marry; if her travel takes her north to Vermont, she is male and may marry a female; if instead she travels south to New Jersey, she may marry a male.”