The honorable Judge Douglas Gerlach agreed in his May review of the case and has schduled a decision for September of this year. However in June Judge Gerlach issued a Nunc Pro Tunc Order questioning if the Court even has jurisdiction over this Divorce. 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. This raised a few questions, especially in the media.
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.”
Thomas’ and David’s interview with Anderson Cooper hopes to paint a more coherent picture of what is at stake in this case. From Thomas’ viewpoint it’s a question of identity and his place in the US legal system as well as the legitimacy of his children. From a legal perspective the timing is impecable considering the national debate on what a marriage is and how we as a society are going to live with each other.
In Phoenix you can watch the interview on KPHO Channel 5 at 4pm. Here is a link to the show page at Anderson Cooper Live. Here is a list of TV stations in the US where you can watch the show.
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