Judge Rules Texas Transgender Man's Marriage Valid

A Dallas County judge has declined to void the marriage of a

transgender man to a woman — an outcome far different, and more

positive for trans people, from that in some high-profile Texas cases.



Judge

Lori Chrisman Hockett last week refused to nullify the marriage of

James Allan Scott and Rebecca Louise Robertson; Robertson had sought the

nullification on the basis that Scott was born biologically female and

Texas does not recognize same-sex marriage, the Dallas Voice

reports. She instead ruled that their breakup should proceed as a

divorce — which will allow Scott, who is physically disabled from

scoliosis, a chance at a fair share of the couple’s property, said his

lawyer, Eric Gormly.



“To our knowledge, this is the first time

any Texas court has ruled that a transsexual man who marries a

biological woman is in a legitimate marriage,” Gormly told the Voice.



Scott

and Robertson separated in 2010 after 12 years of marriage. When they

married, Robertson was fully aware and supportive of Scott’s

transgender status, according to court records. He has undergone

hormone therapy and surgical gender-reassignment procedures, although

not a phalloplasty, which the Voice describes as “an expensive,

imperfect and dangerous procedure.” He has obtained a corrected birth

certificate from his native state of Iowa identifying him as male. But

Robertson petitioned in September 2010 to have the marriage voided, and Scott

filed a counterpetition for divorce in February.



In another

Texas case, Nikki Araguz, a transgender woman, has been seeking a share

of her late husband’s death benefits; he was a firefighter killed on

the job. A Wharton County judge has ruled their marriage void because

Nikki was born biologically male; the case is on appeal. In a 1999 case

the Texas Court of Appeals ruled that a transgender woman did not have

the standing to file a wrongful death claim after her husband died during

surgery, saying gender is assigned at birth and cannot be changed, and therefore their marriage was invalid.



Shannon

Minter, legal director for the National Center for Lesbian Rights,

tells The Advocate most states have long recognized the right of

transgender people to marry in their confirmed gender, but a small

number of judges in conservative states have been resistant, leading to

rulings like the latter two.