PHOENIX (AP) — A transgender Arizona man whose divorce request was rejected after his marriage was declared invalid plans to keep trying to get his 9-year union dissolved, saying Tuesday that he wants the three children to whom he gave birth to know their parents’ marriage was legitimate.
Thomas Beatie, wearing a dress shirt and tie, said a judge’s decision last week to reject his divorce request was a swipe against his identity and could cause problems for him down the road if he decides to remarry.
He also said the ruling underscores his belief that Arizona is unaccepting of transgender people, pointing out a proposal in the Legislature that seeks to shield businesses from liability if they ban people from restrooms that don’t match their birth sex.
“This obviously is not Beatie versus Beatie,” Thomas Beatie said as he spoke to reporters at his attorney’s office. “This is the state of Arizona versus transgender people, human reproductive rights and fairness under law.”
Beatie, who plans to appeal the ruling in his divorce case, was born a woman and later underwent a double-mastectomy and began testosterone hormone therapy to become a man, but retained female reproductive organs and gave birth to three children. He married his partner Nancy in early 2003 in Honolulu and became pregnant because Nancy was unable to have children. Thomas Beatie conceived with donated sperm. The couple eventually moved to Arizona.
“Imagine what this is doing to my children,” Beatie said as he held the hand of his girlfriend of one year. “In time, they are going to look back and see that a court said that’s not your daddy. I’m sorry, that’s who I am. I am my children’s father.”
Maricopa County Family Court Judge Douglas Gerlach ruled on Thursday that Arizona’s ban on same-sex marriages prevents Beatie’s marriage from being recognized as valid.
Gerlach said he had no jurisdiction to approve a divorce because there’s insufficient evidence that Beatie was a man when he got married. The judge said the Beaties never provided records to fully explain what Thomas Beatie actually had done and not done to become a man. The ruling also noted that Thomas Beatie had halted the testosterone treatments.
Shannon Minter, legal director for the National Center for Lesbian Rights, which isn’t involved in the Beatie case, said the decision doesn’t set a precedent and instead applies only to the Thomas and Nancy Beatie. Still, Minter said the decision is legally flawed and demoralizing to transgender people.
The ruling saves Thomas Beatie from paying alimony to Nancy, but Thomas said he was willing to take on that financial obligation because he wanted a court to recognize his marriage.
He said moving back to Hawaii to start divorce proceedings there was impractical. It would likely separate him from his children, lead to heavier living expenses and require him to find new employment.
Michael Cantor, one of Thomas Beatie’s attorneys, said Beatie could remarry in Arizona, but he could create conflicts in Hawaii, where Beatie’s first marriage was viewed as valid and where he could later be accused of polygamy.
David Higgins, Nancy’s attorney, said his client will likely join Thomas Beatie in his planned appeal of Gerlach’s decision. “She recognizes Thomas as a male and recognizes that her marriage is valid,” Higgins said.
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This Week’s Celebrity Instagrams (11/26-12/2)
30 photos Launch gallery
1. Little Legend and Puddy 😍😍😍😍
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2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormal
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3. Vegan! The Impossible burger at Crossroads
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4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutrition
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5. Jus haaaanngin out
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6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳
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7. No limits... Photo cred: Chris Bridges @ludacris
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8. new new
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9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWith
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10. hey ma! 🎎#wcw 💙
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11. Surprise visit to our factories!!! #GoodAmerican #USA
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13. Peachy Keen 🔥✨⚡️
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14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFly
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15. Late nights @nbcmarlon with the writers... we in here!!!
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16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -
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17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!
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18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?
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19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤️️
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20. #BrotherlyLove #tbt
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22. #basel #TeamLOVE @kingcombs
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23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfriday
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24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeon
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25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriend
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26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!
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27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍
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28. This pic warms my heart ❤️ #myLogiebeans and aunt aunt umba @itowandabraxton 😘
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29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18
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30. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernell
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