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Judge to Pregnant Man

I Don't Believe You're

REALLY a Guy ... Dude

8/11/2012 6:00 AM PDT BY TMZ STAFF
EXCLUSIVE

0810_thomas_beatie_jensen_tmzAn Arizona judge isn't convinced the Pregnant Man's marriage should be recognized in the Grand Canyon state ... because both man and wife have vaginas ... which might equate to same sex marriage ... which isn't legal in AZ.

The dispute is the latest speed bump in Thomas Beatie's divorce proceedings from wife Nancy ... who Thomas married in Hawaii back in 2003. The two represented themselves as a heterosexual couple because Thomas, a transgender man who was born a woman, had a state authorized change of sex before the wedding. Thomas says he has state-sanctioned legal docs to prove it.

But an AZ judge is calling the whole system into question ... refusing to preside over the divorce until he is convinced that the two were legitimately married in the first place.

In the docs, the judge points to Beatie's womb ... and notes that Thomas gave birth to the couple's three children during the marriage.

The judge then argues that he can find NO legal authority that defines a man as someone who has the ability to give birth to a child.

Therefore, the judge claims, it's possible Beatie's marriage was NOT LEGAL from the start ... and he has no authority to grant the couple a divorce.

The judge gave Beatie an opportunity to defend the marriage ... and Beatie has filed docs doing just that ... pointing to his U.S. passport which designates him as a man as well as his Hawaii birth certificate, which was changed to describe him as a man.

The judge has yet to make a final decision.

161 COMMENTS

No Avatar
16.

Jessica    

If you come into this world a man or woman, you will always be a man or woman! Completely agree with the person above who said they're sick of this country catering to crazy people. I'll take it a step farther and say the country's catering to the sick and twisted. Good judge.

720 days ago
17.

Liz    

The judge is correct.
Womb in a human = wo-man
WOMAN.
This WOMAN is not a man.

720 days ago
18.

Rhubino    

I'm torn on this one. I don't know whether to laugh or spontaneously combust.

720 days ago
19.

Phishie from Philly    

It looks like chicken, it smells like chicken, it feels like chicken, it taste like chicken! Hey, this is chicken.
ANY QUESTIONS!
..
Phishie from Philly

720 days ago
20.

Liz    

Have to agree with the judge on this one --- any state paperwork he/she has does not trump biology. But if granting a divorce will get this person out of the news, then I would support that.

720 days ago
21.

Olivia    

This doesnt make sense, the guy has gone far enough to be classified as a man by federal law (which can happen before a genital reassignment surgery) and therefore he must be recognized as one in Arizona. The Judge is being a bigot, it doesnt matter if he agrees with it or not the law is the law. Gay marriage is illegal in Hawaii as well so if his marriage was legal there it should certainly be legal in Arizona. And by saying that no legal definition defines a man as someone able to give birth is assuming that the legal definition of a woman is someone who can give birth. Many women can't, and they are certainly still women in the eyes of the law.

720 days ago
22.

Gigohead     

I am confused here. Wouldn't this be a major victory for Thomas?? So he may be off the hook for alimony unless HE is the one being greedy and seeking to be paid from his soon-to-be-EX. Looks like she's a hot mess alcoholic (from what I read) so what does he stand to gain??

720 days ago
23.

TheRodster21    

The one on the right looks more like a man In this picture than the one on left

720 days ago
24.

Poule    

Give him a break, shim already had sex change and has the papers proving shim is a man now.
I mean shim went threw a lot already, just like you would with an illness, respect !

720 days ago
25.

Bridget    

Sounds like this judge is just trying to make a point. No matter what peoples personal opinions are, Thomas is a man in the eyes of the law. The judge is wasting time to make a point on his own personal beliefs when Thomas is already seen as a man by federal law. The judge is also prolonging an already messy divorce. Get over it and do your job dude. Don't make this last any longer then it has to. You will just make this already painful divorce worse for their family.

720 days ago
26.

ManiacalZebra    

Thank you, judge. I have no problem with transgenders, but if you have a uterus and use it not once, not twice, but THREE times for its intended purpose, you are not a man. Only women give birth. Period.

720 days ago
27.

Keyser Söze    

Something like this was bound to happen. And, frankly, the judge has a point - if you happen to have a vagina, you're not a man

720 days ago
28.

South Beach    

Tangled web. He got a passport as a "man" because the birth certificate was adjusted. Couldn't have done it otherwise. So although a state court stamped him as "male", the feds have agreed, although perhaps unknowingly. Fed always beats state no matter what, so this judge has no recourse unless the feds retract the passport classifying him as "male" because states recognize marriage interstate.

720 days ago
29.

tricia    

It's about time our courts start ruling with good sense. People keep trying to sneak things thru the system so they can be an exception. Bravo to this judge! Thomas, you can't lie your way thru every area of life. Legally, this judge is 100% right. Men don't have wombs.
Now, Thomas...you've made a trainwreck of your life for so long. How about pulling yourself together and stop fighting within?

720 days ago
30.

seamus     

finally someone with a brain, this judge is not catering to this idiot,I do understand sex changes, transgender etc. but that is not the case when you are on Oprah and the cover of People magazine saying you are a pregnant man.I don't know of many men that want to give be pregnant or give birth. finish your transformation then you are a man.
how the hell did this jerk get a birth certificate and passport changing her sex when he has been pregnant.this women was just given a alias by the government and the right to be both man and woman. sick sick sick gives a bad rep to all transgender people

720 days ago
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