Reply to Are they going after Obergefell v. Hodges?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Real question here.  I understand this is probably a situation that's really rare but here goes...

I married a bi cis woman when I was still presenting myself as a man to the world (so a regular heterosexual marriage).  I transitioned from male to female.  Many marriages don't survive this but our marriage is stronger than ever.  So now I'm a transgender woman married to a cisgender woman but we got married as a heterosexual couple.

I have not changed my gender market on my birth certificate or other legal paperwork yet.  If I change my gender marker and Obergefell is reversed, would my marriage now be invalid in some states or would it always be valid because I was considered male when we were married.  What about if I don't change my gender marker despite the fact that I look sound, dress, present myself as a woman.  I've also changed my name.

I've been wanting to change my gender marker but it's actually fairly difficult to do and I haven't got around to doing it.  Is it better to just leave it as "M" now?[/quote]

You should consult with an LGBTQ legal advocacy org. If you want to share your state, I might be able to give you some recs. I'm in New England and GLAD is the primary org here. They do a great job and on their website they have a lawyers referral page: https://www.glad.org/know-your-rights/lawyer-referral/ I would think most orgs, even if they don't have capacity to discuss your situation could refer you to someone with expertise. Good luck with it, I know many people are getting there paperwork in order this week.[/quote]

We live in NoVA but thinking about moving to MoCo.  It's more than just the state we reside in recognizing the marriage though, it's everything else such as spousal benefits with Social Security, being covered by my spouse's health insurance at her job, etc.  I worry that all of that could be taken from us.  My assumption is that if I stay legally a male even though no one would ever think I'm a man by just looking at me, we will be fine.  It would be nice for some kind of confirmation of that though.  The other thing is that I really don't want to keep my gender marker as "M".  I really hate that it still shows it.[/quote]

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