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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
61.

She's baaaack    

Some of my best friends are M to F. Not really, but just sayin'. This person decided to be male. I think there is a reason why he hasn't had gender reassignment surgery and that is because he's not emotionally committed to being a man. MEN DON'T GET PREGNANT. I remember hearing that that trailer trash bar slug he married couldn't get pregnant, even though she has other children, so he decided to be the mother. A man would commiserate with a woman not being able to be pregnant but A MAN WHO GETS PREGNANT IS A WOMAN. Damn right he is not a man.

713 days ago
62.

MICHAEL JACKSON/TOM CRUISE FAN FOR LIVE    

judge is so right

713 days ago
63.

nonparieldolls    

Oh, no. Not another Hawaii birth certificate...

713 days ago
64.

Jodi    

"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.".........the judge will never find it because a man CANNOT give birth.

Transgenders should realize changing your body parts to make you look like a man or a woman does not mean you ARE now a man or a woman....you only look like one.

713 days ago
65.

justsaying    

DUH!!!!!

713 days ago
66.

Mandy    

How can Hawaii go back and change her birth certificate? She was definitely born female. That's crazy.

713 days ago
67.

bagladey    

How can a breastless, yet fertile, woman with a vagina, be issued official do***ents identifying her as a man? That seems like a big official blunder. Would this fertile woman -with a vagina - be housed in a male prison?

713 days ago
68.

Eli    

You have a vagina - you are a woman!
You give birth - you are a woman!

End of story f-ing freaks.

713 days ago
69.

michelle    

And this is what happens when you let the whactivists have their way and make changes to do***ents in a manner that does not comport with the common notion of sex (ie. penis=male, uterus=female).

Had they not made such a public spectacle of the 'pregnant man' thing, this would likely not even be an issue.

713 days ago
70.

Raejean    

This is the kind of mess we purchased when we first went down that slippery slope!

713 days ago
71.

tgrfan42069    

bout time someone had the balls to say it.no one in the pc liberal media would say it.way to go judge.now you better watch out pc america will not like this.

712 days ago
72.

yarply    

Hawaiian birth certificate? Sounds familiar.

712 days ago
73.

Justsay Nohan    

I'm sure I'll catch a lot of flak for this but I reluctantly side with the judge on this one.

I'm not anti-LGBT and I have no personal problem with same-sex marriages or transgendered people. However, I strongly believe that if someone feels they were born in the wrong body then they should act in accordance with their gender. That means if you feel female you should not be reproducing with another female just because you have the genitalia that allows you to do so. Likewise, if you feel you're male, you should not be reproducing with a male and getting pregnant. With the exception of hermaphrodites, nature defines "female" as possessing specific reproductive organs that bestow the ability to give birth. That doesn't mean that a female who cannot give birth due to medical reasons isn't female because they still possess or were born with the necessary organs to do so. They just don't function properly.
I fully understand how this is is a legal technicality in this case and that he was already granted his new gender status. However, allowing (or instance) a pre-op MTF transsexual to get a girl pregnant opens a HUGE legal can-of-worms for the court that the laws just aren't designed to accomodate as written (writing new law is just as problematic). Loopholes are likely to be created and just as likely to be exploited in ways the law didn't account for and can't possibly predict.

People really shouldn't be able to have it both ways. You're either male or you're female (or in EXTREMELY rare cases - a functional hermaphrodite) whether you go with nature's choice or your own.

712 days ago
74.

Kris    

He/she can´t have it both ways! He is either a man, and men don´t give birth to babies, or she is a woman! Incredibly selfish person who has no problem being a woman as long as it serves her selfish needs. She should not be allowed to do this and should be stripped of any right to call herself a man!!

712 days ago
75.

audiofish    

she's not a man! wtf???!!!

712 days ago
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