The whole thing has a vaguely 'Through the Looking Glass' feel.....

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Actually, an acquaintant from UU church went thru kind of a related experience. He was separated from his wife once certain sexual procilivities of his own became strong....but not legally divorced. He followed up on said proclivities and did a sex change operation and became a 'she'.

Except now she was not 'married' based on AL laws because AL does not recognize same sex marriage, but it wasn't clear exactly how the divorce should proceed because if you didn't have same sex marrigae, could you have same sex divorce ?

She eventually moved out of state, so have no idea how this story ended.......

konark_girl:

The whole thing has a vaguely 'Through the Looking Glass' feel.....

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Marion Superior Court Commissioner Jeffrey Marchal wrote in a Sept. 4 order that it would be logical for the state to permit same-sex divorce since it has chosen to prohibit such marriages.

What has been done cannot be undone because to undo it would be to condone it and condoning it would be recognition it can be done so let’s not undo it and be done with it.

Most of the transexual couples who are married prior to the gender change assume they are still married. The issue in the case you linked to might be that the court might annul the marriage or just not recognize it as valid ab initio. However, if the marriage was valid when it was entered into, that becomes a different matter. It would be interesting to see whether or not this would allow a divorce, but I am not aware of any case law on the subject.

I don't believe that the courts should recognize a change of gender merely due to surgical body modification. She's still a he in my book.

This is a somewhat more difficult issue when it involves actual hermaphrodites. How would a marriage between two natural hermaphrodites be handled? Is it legal?

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City Lights

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EDGAR

Come on, sir; here's the place: stand still. How fearful
And dizzy 'tis, to cast one's eyes so low!
The crows and choughs that wing the midway air
Show scarce so gross as beetles: half way down
Hangs one that gathers samphire, dreadful trade!
Methinks he seems no bigger than his head:
The fishermen, that walk upon the beach,
Appear like mice; and yond tall anchoring bark,
Diminish'd to her cock; her cock, a buoy
Almost too small for sight: the murmuring surge,
That on the unnumber'd idle pebbles chafes,
Cannot be heard so high. I'll look no more;
Lest my brain turn, and the deficient sight
Topple down headlong.