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 (10/7-10/14)
25 photos Launch gallery
1. Nite | to the tune of @cnn 😞
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2. Got so much work to do but I just wanna stay in bed and binge watch #Gameofthrones and start the new season of #OnceUponATime. I know I can't be the only one. Right? Ha 💤🦁🍂 #saturday
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3. Mommy's weekend turn up ❤️👶🏾💕🍼 Wouldn't trade it for nothing. #TeamNoSleep lol #HesMyBiggestBlessing ✨
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4. One of them oh shit mont we made it feelings … this shit still be unreal 💯💪🏾 @remyboymonty1738
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5. Tickets Available October 14 @ticketmaster.
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6. People magazine Home edition has raided my house! Get a sneak peek into the bedroom life of the Leakes and see other parts of my home now at PEOPLE.COM
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7. They want to kick you when you down, but kick it when you up
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8. Got my advance copy of #Mafia3 at @gamestop. Get yours via link in the bio #Mafia3 #Ad
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9. This is some of the cast and our diverse team of writers in the writer's room creating funny sh*t for @nbcmarlon what a fun room! Lots of jokes, great stories and having a great time doing what we love... making people laugh and feel something. Look out for our show next year @nbcmarlon we bringing sitcoms back to NBC
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10. #HappySunday☀️Thank you @4everbrandy101 💛💡💛
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11. Happy to be back in Central Falls, RI breaking ground for the One Stop Health Center and hosting a local community event with #Vaseline.
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12. Thank you all in advance 💋💋💋 #Repost @urbansvintage・・・#TarajiPHenson's memoir #AroundTheWayGirl will be available everywhere TODAY October 11th! Will you be purchasing a copy? #UrbansVintage
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13. Moms got my back
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14. @galore dinner party glo ✨ thanks to @styledbygiigii
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15. 🌹#ThisIsWhatTheTruthFeelsLikeTOUR #forevereve
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16. Yes, all those videos I've been posting have led to this: the introduction of skincare to @TYRABeauty! This is the rundown on the new line:Years of research and beauty tips I live by led me to produce the most effective and delightful skincare out there. I'm all about taking really good care of my skin, so I can look like I'm aging in #TyraYears and go filter free on Instagram when I feel like it! Now, it's your turn. ✨My Mama always told me not to wash my face with just my hands. "Tyra, girl, you're just moving the dirt around!" And I've listened. First up is The Clean Machine.... ...a 3-in-1 foaming face wash that cleanses, removes makeup and purified your skin. It has patented technology - a attached Turbo Cleansing Tool - to give you that deep clean that makes your skin feel super fresh. Wanna know more? Yeah, baby. Click that link in my bio.
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17. On set of #beingmaryjane like... ❤️😬💃🏾
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18. #carouselofhope@yvetteshelton100@makeupbylatrice @thestacetheface@marialuciahohan24
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19. I refuse to let a little cold stop me from my daily routines to greatness. #onlythestrongsurvive #warriors
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20. Big things begin with big THINKING... #BusinessEthics #SetLife 🎥
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21. Goodnight - here's a song
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22. Words can't explain the feeling that I have right now.....God is good. look momma I made it. #Harts #Blessed #WhatNow #comedicrockstarshit #4DaysAway
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23. I tried to get a better video with out the nasty bib but she started getting mad at me..lol! Big cuz @the_queen_caitlin trying to show her what to do. #MamasToots #HeirBear👑💜
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24. Gorgeous Serena joined Beyoncé in Formation last night on stage in New Jersey!!!
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25. 😜 @lifeofdesiigner & @rockohill
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