The Associated Press has reported that Texas, one of the last states to allow transgender marriage rights, is considering changing the law back to what it was two years ago.
Transgender couples in the state of Texas have been allowed, only for the last two years, to obtain marriage licenses if they showed proof of a sex change. Republican lawmakers are now sponsoring legislation that will change the 2009 law back to one that bans same-sex marriage.
Senator Tommy Williams, of Houston, said, “The Texas Constitution clearly defines marriage between one man and one woman.”
Transgender advocates state that the proposal to ban transgender marriages is discriminating. The legislation will affect existing transgender marriages – which were already legally granted – as they could be nullified.
Along with Williams, Rep. Lois Kolkhorst, of Brenham, is introducing the legislation that would no longer allow sex change documentation for a transgender person to get a marriage license.
They propose that the state go back to its 1999 decision made by the state appeals court, which defines that gender is assigned at birth – whether or not a person seeks a sex change later in life.
Most other states use the same court order, allowing transgendered people to change their driver’s license, for use in getting married.
John Nechman, a Houston-based attorney that works with gay, lesbian, bisexual and transgendered people said, “It appears the goal is to try to enshrine a really horrifying ruling and making it law in the state of Texas.”
Mark Miner, spokesman for Gov. Rick Perry said, “The governor has always believed and advocated that marriage is between a man and a woman.” Miner also allegedly said that the governor never intended to allow transgender marriages and that he only signed the legislation, with its missed three-word provision, in error.
Williams, though at the helm of the new legislation, contended, “It is an emotional issue, I can appreciate that. They shouldn't have to resolve these issues, we have confused them.” Williams allegedly is making the change to simplify marriage licensing for Texas clerks who must balance a 2009 law with a 1999 appeals court ruling.
Williams’ committee has cleared the vote and it will now be sent to the Senate for approval. The Senate has a Republican majority.
Even if transgender people can still use their driver’s licenses to get a marriage license, they remain concerned that the state may nullify the marriage. They also fear that any divorces, estate disputes, and other legal challenges brought before the court, may result in their marriage being nullified.
During a hearing in March, Lisa Scheps, from the Transgender Education Network of Texas, said, “We want to be recognized as people. We want to have the same rights as all of you.”
Shannon Minter, an attorney for the national Transgender Law and Policy Institute said, “It would be terrible for Texas, now that it finally caught up with the rest of the country, to take a step back.”
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