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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
46.

CARRIE    

Normal human females have 2 X-chromosomes (XX).Each person normally has one pair of sex chromosomes in each cell.
No matter how you slice and dice, this person is still a female on a cellular level. And no amount of surgery or sex reassignment therapy will change that so the judge is right.

702 days ago
47.

rosa    

And this is they mess they created and yet another thing the children will have to endure in life. Your parents couldn't get divorced cuz under the law the judges couldn't figure out their sexes :( who cares about the stupid adults. The kids are who I care about.

702 days ago
48.

탑 TOP    

Hi I'm 18 & I live in Arizona. Arizona, like other states, has to regard the legal actions of the OTHER 49 STATES; this undoubtedly includes the legal procedure that is what we Americans call marriage. He is, by law, a man now, omit your personal view and opinions and respect that. Let them get divorced...

702 days ago
49.

obama'saracist    

IT has a Vagina,It is a Woman.if a man gave birth then it isnt a man.stop calling this thing a man its not or your an idiot

702 days ago
50.

Candyboss    

When you see people like this and CHAZ BONO it makes the world think that gay people have mental issues. People like this does nothing for gay rights it makes the world think that gay people are freaks. Oh and don't forget Melissa Etheridge I wanna be married until the she realizes she has to pay like men have being paying for eternity. Did not help the gay right to marry argument at all. God does not make junk so turning into something God DID NOT make you makes you a FREAK!!!!!

702 days ago
51.

really! really?    

eww and ick no matter how you "slice" it.

702 days ago
52.

Cindy    

Who is he scamming? He's just trying to get a divorce.

702 days ago
53.

jb    

Good for you, Your Honor!!!! Finally calling a spade a spade. Or in this case a vagina a vagina!

702 days ago
54.

ummm?!    

She/He won't be a "man" until the V is replaced with a P.

702 days ago
55.

diamondsaredumb    

If I put on bunny ears and a fluffy tail then go to a government office and declare my affinity for carrots, could I be declared a bunny rabbit?

702 days ago
56.

Jen    

SO gross. Just... GROSS. Barf.

702 days ago
57.

systasoulja    

This is sad she really wants to be identified as a male and give birth! Kinda "twisted!"

702 days ago
58.

eclu    

Wow, talk about being homophobic, she's afraid to admit she's a lesbian

702 days ago
59.

Alsi    

okay I'm willing to accept that there are people in our society that identify with the opposite gender they were born into. But, you can't claim to be the opposite gender than swicth back to your original gender when its convinent to you. Thats probably why she didn't go thruogh the sex change. You have to live at least a year as the gender of your choice, take hormones, and be given the green light by a psycologist inorder to be approved for the surgery.

The doctors who vouched for her in her battle to have her gender changed from female to male on legal papers are probably somewhere right now cursing her off. She put their names and probaly their licenses to practice into question by their peers and bosses.

702 days ago
60.

Asoil    

This is why I don't believe obama was born in Hawaii. If Hawaii will change the gender on a birth certificate, what other sneaky, lying corrupt thing will that states officials do? The Judge is right, you can't get a divorce if you were never legally married.

702 days ago
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