You can now read 5 articles in a month for free on BostonGlobe.com. Read as much as you want anywhere and anytime for just 99¢.

Ariz. judge rejects divorce for transgender man

PHOENIX — An Arizona judge on Friday 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 ruled that Arizona’s ban on same-sex marriages prevents Thomas Beatie’s nine-year union from being recognized as valid.

Continue reading below

Thomas Beatie was born a woman and later underwent a double-mastectomy, and began testosterone hormone therapy and psychological treatment to become a man, but he retained female reproductive organs and gave birth to three children.

Gerlach said he had no jurisdiction to approve a divorce because there’s insufficient evidence that Beatie was a man when he married Nancy Beatie in Hawaii. He said the Beaties never provided records to fully explain what Thomas Beatie actually had done and not done to become a man.

‘‘The decision here is not based on the conclusion that this case involves a same-sex marriage merely because one of the parties is a transsexual male, but instead, the decision is compelled by the fact that the parties failed to prove that [Thomas Beatie] was a transsexual male when they were issued their marriage license,’’ he wrote in Friday’s ruling.

A spokesman for Beatie, Ryan Gordon, said the judge’s comments came as a shock and that Beatie plans to appeal.

He said Beatie legally was married as a man and never was required to disclose that he retained female reproductive organs when applying for and being granted a new birth certificate in Hawaii as a man. He said Beatie halted testosterone treatments so that he could give birth to his children.

Loading comments...
Subscriber Log In

We hope you've enjoyed your 5 free articles'

Stay informed with unlimited access to Boston’s trusted news source.

  • High-quality journalism from the region’s largest newsroom
  • Convenient access across all of your devices
  • Today’s Headlines daily newsletter
  • Subscriber-only access to exclusive offers, events, contests, eBooks, and more
  • Less than 25¢ a week
Marketing image of BostonGlobe.com
Marketing image of BostonGlobe.com
Already a subscriber?
Your city. Your stories. Your Globe.
Yours FREE for two weeks.
Enjoy free unlimited access to Globe.com for the next two weeks.
Limited time only - No credit card required!
BostonGlobe.com complimentary digital access has been provided to you, without a subscription, for free starting today and ending in 14 days. After the free trial period, your free BostonGlobe.com digital access will stop immediately unless you sign up for BostonGlobe.com digital subscription. Current print and digital subscribers are not eligible for the free trial.
Thanks & Welcome to Globe.com
You now have unlimited access for the next two weeks.
BostonGlobe.com complimentary digital access has been provided to you, without a subscription, for free starting today and ending in 14 days. After the free trial period, your free BostonGlobe.com digital access will stop immediately unless you sign up for BostonGlobe.com digital subscription. Current print and digital subscribers are not eligible for the free trial.