Quote:
Originally Posted by HowSoonIsNow
Hi Dylan,
When you write that Texas gives you legal status and grants marriage licences where one partner has legally changed their sex, (this is not the case in FL, btw), as long as they "behave"--do you mean that as long as a legal case doesn't come up challenging the validity of the marriage or their sex?
I mean, how legal is it if one has a custody/divorce/inheritance (etc.) case, and they revert back to the you are what you are born therefore it is invalid idea a la Littleton?
ETA: Thanks for the further info/clarifications and youtubes.
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Yeah, you're legally whatever gender you say you are, and you can get married. BUT the second there's some kind of issue (inheritance, etc), they strip it all from you (legal status, marriage, etc).
The reason for this is because Littleton was such a ridiculous ruling. It was just absolutely ridiculous...to the point that the TX legislature, judges, etc knew it was ridiculous, so they responded. They responded by making TONS of changes to Texas Family Code, Texas Safety Code, and a few other places. The laws they made in direct response to Littleton granted rights to transpeople and made things like gender marker changes, marriage licenses, name changes, etc EASIER. Basically, whatever they could do to loosen up the laws, they did it.
A LOT of things in the state of Texas are based STRICTLY on the individual judge's decision. So, if you get a decent judge, there's actual statute law that *may* help out transpeople. However, if you get some shitstick, hillbilly judge...they can rely on Littleton (and they will pull it out for ANY damned thing they wish when it comes to transpeople).
Littleton states you are what your chromosomes say you are...except NO ONE gets a chromosome test. Littleton is complex because it steps over itself constantly. It says one thing in one part, and another thing in another part.
You can get a better idea of the how the laws are fucked up here in the Great State O' if you click
here and then click on the link that says, "fascinating review of Texas case law".
Again, Littleton is really difficult to explain, because it's so confusing. And the judge basically brings up a lot of god.
Dylan