Mar 29, 2013 1:23 PM
PHOENIX - A judge has refused to grant a divorce for a transgender Arizona man who gave birth to three children after beginning to change his sex from female.
Maricopa County Family Court Judge Douglas Gerlach (GER-lock) says in Friday's ruling that Arizona's ban on same-sex marriages prevents Thomas Beatie's nine-year union from being recognized as valid.
Beatie was born a woman and underwent a double-mastectomy but retained female reproductive organs and gave birth to three children.
Gerlach says he had no jurisdiction to approve a divorce because there is insufficient evidence that Beatie was male when he married Nancy Beatie in Hawaii in 2003.
Thomas Beatie is eager to end his union, but the couple's divorce plans stalled when Gerlach was unable to find legal authority defining a man as someone who can give birth.