On August 15, 2012 the Honorable Judge Douglas Gerlach of the Maricopa County Superior Court in Arizona ordered an Evidentiary Hearing and Oral Argument on December 7th, 2012 to determine whether the Court has jurisdiction regarding the divorce of Thomas Beatie (FC 2012-051183) according to his lawyers, Cantor Law Group.
This is the latest change to what started off as a Divorce, between a transgender male and his wife, where both parties agreed that it was time to separate. In May of 2012 Judge Gerlach ruled that Mr. Beatie would gain sole custody of his children and he would pay alimony to his future ex-wife, according to court documents.
Then in June Judge Gerlach issued a Nunc Pro Tunc Order questioning if the Court even has jurisdiction over this Divorce, according to court documents. The issue for the judge was whether this Hawaii marriage is valid under Arizona law, based on Thomas’ sex change status and his retention of his female reproductive organs at the time of the marriage.
The Judge requested a memorandum “showing that this Court has subject matter jurisdiction” over this Divorce by July 30th, with an implication that his ruling would come by August 30th 2012 according to court documents. “This raised a few questions, especially in the media,” according to Thomas’ Lawyer David Michael Cantor of the Cantor Law Group.
Judge Gerlach has now altered course. On August 15th during a Telephonic Status Conference he ordered “setting Oral Argument [with an Evidentiary Hearing] on the issue of whether this Court has subject matter jurisdiction on December 7, 2012 at 9:00 a.m.”
“We filed our memorandum showing that under Arizona State Statute that a transgender man’s legal definition is set by certain medical operations, treatments, and finally a certified doctors approval.” states Thomas’ Lawyer David Michael Cantor of the Cantor Law Group “Since Arizona and Hawaii have virtually the same Sex Change Statue, in this case we will prove that under the law Thomas was a man at the time of his wedding. Sterilization is not a requirement of either State’s Statute. Under both Arizona’s and Hawaii’s law Thomas was a man at the time of his marriage, and therefore his three children born during the marriage are legitimate.”
For more information please contact Roger Williams of the Cantor Law Group at 602-380-2692 roger(at)rogerwilliamsmedia(dot)com
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