Questions over sex change snag AZ divorce case - CBS 5 - KPHO

Questions over sex change snag AZ divorce case

Posted: Updated:
PHOENIX (AP) -

An Arizona couple seeking a divorce hit an unusual snag that could prevent the marriage from legally being dissolved.

A judge is questioning whether a same-sex marriage ban bars him from ending the union -- or even recognizing its validity -- because the husband was born a woman and underwent a sex change but retained female reproductive organs and gave birth to three children.

Thomas and Nancy Beatie are eager to end their nine-year marriage. But their divorce plans stalled when Maricopa County Family Court Judge Douglas Gerlach said in late June that he was unable to find any legal authority defining a man as someone who can give birth. Gerlach has questioned whether the union was a same-sex marriage.

The judge is expected to issue a decision in early February.

Copyright 2012 Associated Press.  All rights reserved.

Powered by WorldNow
CBS 5
Powered by WorldNow CNN
All content © 2014, CBS 5 (KPHO Broadcasting Corporation), Phoenix, AZ and WorldNow. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service..