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Next bend in the road for marriage laws

Transgender couple… gay couple now?

A Vancouver Sun story captures the murky area of marriage, liberal-style, and, umm, stuff, which conservatives see as pretty clear-cut, to wit:  Marriage is between one man and one woman. 

Let me help you through this.  When they got married, it was one man and one woman.  Then one—the guy—switched sides.  He got a sex-change operation.  Now it’s a woman married to a woman.  So it’s a gay marriage.  Kinda-like.  “What do we do now, Ollie?”

CONCORD, N.H.—Judi Howden went into her marriage knowing full well that one day her husband might become her wife.

The couple stayed together—even as Howden’s husband, Michael, underwent a sex-change operation that transformed him into Mikayla. That surgery also landed them in a murky area where gender and law collide.

Their marriage—once between a man and a woman—is now between a woman and a woman, despite a ban on such unions in 40 states, including New Hampshire.

Their experience highlights a legal Catch-22. While states can either recognize or refuse to recognize someone’s new gender following a sex change, either decision inescapably permits some form of same-sex marriage. If the gender change is recognized, then existing, heterosexual marriages such as the Howdens’ become same-sex. If recognition is denied, a de facto same-sex marriage emerges since the spouses’ genders differ only on paper.

“I have no answer to it,” said Representative Dan Itse, a Republican who supports the state’s same-sex marriage ban. “We have ventured where angels fear to tread.”

Joel Johannesen
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