What Makes a Man (or Woman) on a Marriage License?

[w8liftinglady]

http://www.texastribune.org/texas-legislature/82nd-legislative-session/what-makes-a-man-or-woman-on-a-marriage-license-/

In a state that bans same-sex marriage, it would seem to be easy to know who can legally marry. Texas county clerks will tell you it is not.

A two-year-old state law says a court order recognizing a sex or name change is acceptable for marriage license applicants. But a 1999 Texas appeals court ruling stipulates that, at least for purposes of marriage, medical procedures cannot change a person’s gender — you are what you were at birth, period.

This legislative session, politicians have punted on clarifying the issue. And that means that despite the state’s constitutional prohibition of same-sex marriage, some clerks are issuing marriage licenses that, by some definitions, create gay unions. Other clerks are not sure what to do, waiting for lawmakers or the courts to clarify the matter.

“All of that is very unfortunate,” said state Rep. Lois Kolkhorst, R-Brenham, whose 2009 legislation is at the heart of the confusion. Kolkhorst said that at the time, she did not realize her bill would create an issue. “We just didn’t get that clarified and we should,” she said.

Under that law, court orders establishing a change in name or gender are among several documents that can be used for identification purposes in obtaining a marriage license. Other acceptable documents include military IDs, passports, divorce decrees, concealed handgun licenses — even temporary driving permits, among others. But the law does not tell county clerks which of those documents should take precedence in cases where the gender on a person’s birth certificate is different from the one on another document, like a judge’s order.