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The transgender Arizona father who gave birth to three children has vowed to continue fighting for a divorce from his partner of nine years to prove to his kids that his marriage was legitimate. Mr Beatie, who plans to appeal the ruling in his divorce case, was born a woman and later underwent a double-mastectomy and began testosterone hormone therapy to become a man, but retained female reproductive organs and gave birth to three children. Maricopa County Family Court Judge Douglas Gerlach ruled on Thursday that Arizona's ban on same-sex marriages prevents Mr Beatie's marriage from being recognized as valid.Gerlach said he had no jurisdiction to approve a divorce because there's insufficient evidence that Beatie was a man when he got married.
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A judge last week ruled that Thomas Beatie, the 'pregnant man,' could not get divorced from Nancy Beatie because there wasn't proof that Mr Beatie was a man when he and Nancy were wed. He married his partner Nancy in early 2003 in Honolulu and became pregnant because Nancy was unable to have children. The judge said the Beaties never provided records to fully explain what Mr Beatie actually had done and not done to become a man. The ruling also noted that Mr Beatie had halted the testosterone treatments.Shannon Minter, legal director for the National Center for Lesbian Rights, which isn't involved in the Beatie case, said the decision doesn't set a precedent and instead applies only to the Thomas and Nancy Beatie.
Gay marriage is illegal in the state of Arizona.Mr Beatie, wearing a dress shirt and tie, said the judge's decision was a swipe against his identity and could cause problems for him down the road if he decides to remarry.

The couple eventually moved to Arizona.'Imagine what this is doing to my children,' Beatie said as he held the hand of his girlfriend of one year. Still, Minter said the decision is legally flawed and demoralizing to transgender people.The ruling saves Thomas Beatie from paying alimony to Nancy, but Thomas said he was willing to take on that financial obligation because he wanted a court to recognize his marriage.

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