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ABC 15 Thomas Beatie Divorce Jurisdiction Issue

Thomas Beatie, best known as the world first pregnant married man, has been working with us for a divorce. After Honorable Judge Gerlach ruled in May of 2012 that Thomas would gain custody of the children he changed his decision in July. The Judges decision in July was based on his questioning of whether he had the Jurisdiction to rule over this divorce. His concern is that since Thomas gave birth to his children after the marriage then he must have been a woman at the time of the marriage. If that were the case then Thomas’ marriage would be ruled a same sex marriage which is not recognized by the state of Arizona. The issue is that under the statue, which is what law is based on, Thomas’ was legally a man at the time of his marriage in Hawaii. Since Arizona has the same statue on how a transgendered man is determined to be a man then in the legal since he was also a man under Arizona law.

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