Thomas Beatie, who was born a woman, was refused a divorce by Judge Douglas Gerlach on Friday on the grounds that his marriage, or nine-year union, was never valid.
Judge Gerlach based his ruling on the ban of same-sex marriages in Arizona. He said there was not sufficient evidence to prove Beatie was a male when he got married.
The ruling stated, “The decision here is not based on the conclusion that this case involves a same-sex marriage merely because one of the parties is a transsexual male, but instead, the decision is compelled by the fact that the parties failed to prove that (Thomas Beatie) was a transsexual male when they were issued their marriage license.”
Beatie started testosterone treatments in 1997 and had a double-mastectomy and chest reconstruction surgery in 2002 to become a “man” but kept his female reproductive organs.
Thomas married Nancy Beatie in 2003 and he gave birth to their first child in 2008, second child in 2009 and third child in 2010 because she was not able to.
The couple would now like to get divorced and see that their children are “treated equally.”