Freedom To Marry

The gay and non-gay partnership working to win marriage equality nationwide

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Why Marriage Matters to Transgender Persons

The current marriage debate impacts many issues that are important to transgender people. Regardless of their legal gender identity, marriage discrimination often prevents transgender people from marrying not only a person of the same sex, but also someone of the opposite sex. Once legally married, transgender people are still not guaranteed their rights if their status is made public.

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Use the key resources below to learn more about why marriage matters to transgender persons and their communities.

 


 

FROM EVAN WOLFSON:

California, Here We Come
Freedom to Marry
August 30, 2006

Freedom to Marry's Executive Director Evan Wolfson talks about the California Equality Project. This project will bring to bear the expertise and resources of a coalition of more than 30 national, state, and local civil rights and lesbian, gay, bisexual, and transgender organizations, including Freedom to Marry and many of our partners.

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WHERE YOU CAN GO TO GET INVOLVED OR LEARN MORE:

National Gay and Lesbian Task Force-Transgender Issues
In 2001, the Task Force established the Transgender Civil Rights Project to work for transgender equality. The Task Force strives to make all of its work transgender-inclusive and also believes that working on transgender-specific issues is critical to meeting our mission of achieving freedom, justice and equality for all LGBT people.

The Transgender Law and Policy Institute
The Transgender Law and Policy Institute is a non-profit organization dedicated to engaging in effective advocacy for transgender people in our society. The TLPI brings experts and advocates together to work on law and policy initiatives designed to advance transgender equality.

National Center for Transgender Equality
The National Center for Transgender Equality (NCTE) is a 501(c)3 social justice organization dedicated to advancing the equality of transgender people through advocacy, collaboration and empowerment.

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LEGISLATIVE STATUS RELATING TO TRANSPEOPLE IN THE U.S.:

Trans People and Marriage
The Transgender Law and Policy Institute
National Center for Lesbian Rights
January 2004

Transgender people face unique legal issues with regard to marriage. Although marriage is not yet a legal option for lesbian, gay or bisexual people in any state, it is already an option — and a reality — for many who are transgender. This article summarizes the legal issues surrounding marriage for transgender people and suggests some ways that transgender persons can protect their marital relationships.

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PUBLICATIONS:

A White Paper: An Analysis of the Law Regarding Same-Sex Marriages, Civil Unions, and Domestic Partnerships
American Bar Association
2004

This 58-page analysis includes examinations of transgender people and marriage. Only a handful of courts have ruled on the validity of a marriage entered into after a transsexual person has undergone sex-reassignment. At least two courts have recognized the individual's reassigned sex for the purpose of marriage. In contrast, a few courts have ruled that, for purposes of marriage, a person's legal sex is irrevocably determined at birth.

FAQ: Transgendered people and the Federal Government
The Transgender Law Center, the National Center for Transgender Equality, and the Transgender Law and Policy Institute
Date Unknown

This publication offers basic information about the discriminatory Federal Marriage Amendment.

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NEWS:

Read news about marriage and transgender people.

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MULTIMEDIA:

Online Videos by Veoh.com
A transgender New Jerseyan talks about marriage
Veoh
September 2006

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National Gay and Lesbian Task Force-Transgender Issues
The Transgender Law and Policy Institute

The Transgender Law and Policy Institute is a non-profit organization dedicated to engaging in effective advocacy for transgender people in our society. The TLPI brings experts and advocates together to work on law and policy initiatives designed to advance transgender equality.

Trans People and Marriage

The Transgender Law and Policy Institute
National Center for Lesbian Rights
January 2004

Transgender people face unique legal issues with regard to marriage. Although marriage is not yet a legal option for lesbian, gay or bisexual people in any state, it is already an option — and a reality — for many who are transgender. This article summarizes the legal issues surrounding marriage for transgender people and suggests some ways that transgender persons can protect their marital relationships. (pdf)

A White Paper: An Analysis of the Law Regarding Same-Sex Marriages, Civil Unions, and Domestic Partnerships

American Bar Association
2004
This 58-page analysis (pdf) includes examinations of transgender people and marriage. Only a handful of courts have ruled on the validity of a marriage entered into after a transsexual person has undergone sex-reassignment. At least two courts have recognized the individual's reassigned sex for the purpose of marriage. In contrast, a few courts have ruled that, for purposes of marriage, a person's legal sex is irrevocably determined at birth.