Arizona judge rejects divorce for transgender man who gave birth to 3 children

Ban on same-sex marriage means marriage not valid

PHOENIX - An Arizona judge has rejected the divorce of a transgender man who gave birth to three children.

Maricopa County Family Court Judge Douglas Gerlach says in Friday's ruling that Arizona's ban on same-sex marriages prevents Thomas Beatie's nine-year union from being recognized as valid.

Beatie was born a woman and underwent a double-mastectomy but retained female reproductive organs and gave birth to three children in the process of his transition from female to male.

Gerlach says he had no jurisdiction to approve a divorce because there is insufficient evidence that Beatie was male when he married Nancy Beatie in Hawaii in 2003.

Thomas Beatie is eager to end his union, but the couple's divorce plans stalled when Gerlach was unable to find legal authority defining a man as someone who can give birth.