Thursday, May 06, 2010

Transgender marriage case referred to Texas attorney general

El Paso County Attorney Anne Bernal has asked Texas Attorney General Greg Abbott to rule on whether she should issue a marriage license to two women, one of whom was born a man.

Prior to a sex change operation, Sabrina Hill was known as Virgil. She is now seeking to marry another woman.

Under Texas law, Hill is a male, according to Bernal's request. Hill's original New York birth certificate lists her as a male.

However, a certified birth certificate from a Washington state judge declares that Hill is a female. So does Hill's Arizona driver's license.

In 2009, the Legislature changed the law to allow a person trying to get married to provide a certified birth certificate as legal identification.

The question to Abbott: which form of identification takes precedence when a transgender person wants to be treated as the sex listed under their "true and accurate birth certificate?"

Read more about the case in the PoliTex blog.

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EDITORIAL QUESTION:  Why is this County Attorney asking Greg Abbott?