Seeking to define marriage as between male and female, they’ve left a loophole. In the past people with ambiguous genitalia became girls through surgery regardless of chromosomal sex. Simply living as the opposite sex, transgender people may legally switch gender. Gays shouldn’t have to, but take advantage of the opening definition of gender to marry.
Sex Change, No Surgery Required
Randy Dotinga
11.29.06
As for other forms of identification, Dr. Becky Allison, a transgender cardiologist who compiled the list of laws, said passport officials allow gender changes without requiring surgery, as do most state departments of motor vehicles.The proposed New York City regulations raise plenty of issues.
Will the regulations allow same-sex marriage? Some state laws are murky regarding marriage involving one or two transgender people; one legal analyst reports that a pair of men were able to marry in Ohio because the state refused to recognize that one of them was no longer a woman following a sex-change operation.
On the other hand, some transgender people may be unable to marry because their states recognize their new sex but don’t allow same-sex marriages.
Keep fighting for your rights, but for now use the existing laws to your advantage. 
State Supreme Court rejoins Prop. 8 battle
Bob Egelko, Chronicle Staff Writer
Thursday, November 20, 2008
The justices also asked for arguments on whether Prop. 8, if constitutional, would nullify 18,000 same-sex weddings performed between when the court’s marriage ruling took effect in mid-June and Nov. 4. Attorney General Jerry Brown, who will defend Prop. 8 as the state’s chief lawyer, contends those marriages are legal, but sponsors of the initiative disagree.
I say those marriages should be ‘grandfathered’.
Flash Fiction Friday is hosted by g-man. You may also visit Flash Fiction Friday 55’s, a blog dedicated to hosting 55 Flash Fiction Friday posts.
November 21st, 2008 at 3:59 pm
Hey, I say let them get married. Gays, lesbians, and transgendered folks have a right to be miserable like the rest of us
November 21st, 2008 at 7:06 pm
Grandfather Schmandfather. Prop 8 should be scrapped making the grandfathering issue moot.
I’ve always found it ironic that the people who harp on “smaller government” where it applies to the common good, are all about more, bigger government when it comes to trying to legislate their version of “morality”.
Talk about speaking with forked tongue. Sheesh.
Mojos latest blog post… Photo Hunt #2: Theme 137 – Reflection
November 21st, 2008 at 7:33 pm
Another Public Forum 55 from Erica…
I agree…..:p
Thanks for visiting, thanks for playing, and have a great Week-End…G
November 22nd, 2008 at 12:11 am
i say bollocks to prop 8. i voted against it, signed petitions…would do so again & again until everyone is treated equally.
November 23rd, 2008 at 3:23 am
Great post, Erica! I hadn’t heard of the sex-change marriage thing. Very crafty. I love crafty. *grin* But, you’re right. They shouldn’t have to assume a different gender just to be allowed to marry the person they want to marry. It’s fun to think about the loophole, but so frustrating that people would have to resort to a loophole to get married.
smarmoofuss latest blog post… I think I broke my eyeball.
November 23rd, 2008 at 7:39 pm
Susan Anderson – I totally agree. The constitution states that we’re all equal and federal constitution trumps any state legislation.
November 23rd, 2008 at 7:45 pm
Mojo – I have a feeling that prop 8 won’t fly, but yes, we should all be equally eligible to marry. I was going to rant about the irony in with the ’small government’ folks making exceptions for their moral beliefs. Maybe next week.
November 23rd, 2008 at 7:49 pm
ciara – yeah the fact that they even had prop 8 AFTER making gay marriage legal is total BS.
November 23rd, 2008 at 7:50 pm
smarmoofus – I thought you’d appreciate the loophole.