U.S. Government Denies Validity of Transsexual Marriages?

I've written before that the "definition" of marriage as being only between "one man and one woman" poses serious problems for those whose sex is not easily categorized and for transsexuals. Now a transsexual is suing because her husband has been denied legal residency - apparently, their marriage isn't considered valid because "she" isn't considered a "she".

The Daily News explains:

The Department of Homeland Security said in a letter to [Jiffy] Javenella explaining its decision that "currently, no federal statute or regulation addresses specifically the question whether someone born a man or a woman can surgically change his or her sex." The letter cited an internal memorandum dated April 16, 2004, that said CIS policy "disallows recognition of change of sex in order for a marriage between two persons born of the same sex to be considered bona fide. ..." The memo calls on the 1996 Defense of Marriage Act -- which defines marriage for federal purposes as between a man and a woman -- to support its position.

Because the government is relying upon the Defense of Marriage Act, we have to conclude that a man who undergoes a sex change operation to become a woman cannot, therefore, marry a male — that is considered a "same-sex marriage" which the federal government does not recognize. For Donita Ganzon (the person who went through the surgery — Jiffy is her husband) to have a valid marriage, she would have to marry a woman. I assume that Donita looks like a woman, so I wonder what local government would give Donita and a woman a marriage license. I assume that Donita could bring in papers proving that she had a sex change operation, but would that be accepted?

Alphonso David, an attorney at Lambda Legal who specializes in transsexual lawsuits, said ... "I'm certainly not aware of any other cases where the INS is interpreting or disregarding someone's sex reassignment. It's a little problematic because they're saying that someone who has been living as a woman for 24 years is now ... will be treated as a male." David said the decision also sets up a conflict between state and federal law, because California is one of about 25 states that reissue birth certificates to transsexuals after sex change operations and legally recognize them as their new gender.

Donita Ganzon presumably looks very much like a woman. She has all of the external "equipment" of a woman. She has been living as a woman for nearly half of her life. According to the federal government, however, she is not a "real" woman such that she can marry a man. Does this make even the slightest bit of sense? Even people who object to sex change operations have to see the problems with this. Neither marriage to members of the "new sex" nor marriages to members of the "old sex" fit easily within the paradigm of defining marriage as being between "one man and one woman." Either the definition has to give a bit and allow for grey areas or they will have to deny transsexuals the right to marry at all.

Read More:

• Gay Rights, Gay Marriage
• Evangelical Christianity & Homosexuality
• Catholicism & Homosexuality