Butch Femme Planet - View Single Post - Lesbian Couple "Looks into Transgender" as a Loophole to Get Married

DapperButch · 07-22-2014, 10:59 PM

Well, well, well. Interesting stuff.

This is copied/pasted from susans.org, a very respected site for up to date, correct information on trans laws.

California (Update 2013)

California will change both name and sex, and will issue a new birth certificate rather than amend the old one. California Health and Safety Code, Section 103425-103445, states: "A petition for the issuance of a new birth certificate in those cases shall be filed with the superior court of the county where the petitioner resides."

The State Office of Vital Records has provided this link to assist with changing gender (or gender and name). As of 2011, you no longer need to have surgery to change your California birth record. To obtain the court order for the gender change, have your doctor fill out an affidavit telling the court that you have undergone clinically appropriate treatment for change of gender.

http://www.drbecky.com/birthcert.html

Did I call bullshit? Indeed I believe I did. This is saying that as of 2011 all you had to do is say that you have "undergone clinically appropriate treatment for change of gender", in order to get a new birth certificate with a male gender marker. Guess what that means? That can be as simple as meeting with a licensed therapist ONE TIME and them writing a two sentence letter saying yeah, this person identifies as the other sex and is in their "right mind" (meaning they are not psychotic). That's it. So, bottom line, Jacki didn't need top surgery to marry her partner, she only needed this letter from a therapist, go to court, and get her birth certificate amended to say she is male. THAT"S IT! No surgery. No nothing. It is not like the "old days". Times have changed and states require/don't require different things.

Really, the "work" she had to do was get the letter for top surgery and then go through the pain of recovery. This was just for fun you see, as it had nothing to do with marrying her partner. In order to get this, there is also a good chance she had to sign paperwork for her surgeon saying that she identified as male and was changing her sex. Interesting, huh?

Here's the thing for me...which yeah, I know I have reiterated more than once in this thread. I don't give a fuck if you take male hormones (testosterone), get male chest reconstruction, or get surgery for a man made penis, and still identify as a female. Some FTMs don't do anything to their bodies and they are no less of a man than any other man. Why can't a female create a "male body" and still define as a "woman"? It's certainly not my business.

But, don't fucking lie to us and say you did the top surgery so that you could marry a female. I am pretty fucking confident that you would have bothered to check the law that changed back in 2011 before getting married in 2013.

Anyway, I am exhausted and it is 2 hours past my bed time or I would express why this is so bothersome to me. I believe that the choice to publicize this does hurt the gay community and the trans community. No doubt, in a very small way and with a small population, but I am disappointed. Maybe what really triggers me is that Jacki appears to have presented as butch all of these years. Since I am butch (and many butches identify as women, who I regard as part of my butch community), it ignites my irritation and causes disappoint. Since I am trans masculine, it does the same thing, but for other reasons. BUT, I know that the biggest frustration for me is the bullshit factor. Don't bullshit us. And don't publicize wrong information for the 100s of trans people out there in CA who think they have to have expensive and perhaps even unwanted surgery, in order to change their birth certificate in order to marry their female partner. That sucks.

P.S. As an aside, the 2013 change is noting the rule change that the person can get a NEW birth certificate, rather than just amending their old one, has nothing to do with the topic at hand. I just wanted to include the entire quote posted at Susan's.

07-22-2014, 10:59 PM	#91
DapperButch Roadster Guy How Do You Identify?: FTM, Stone Butch Preferred Pronoun?: He Join Date: Nov 2009 Location: Northeast Posts: 7,745 My Photo Gallery Thanks: 26,545 Thanked 26,814 Times in 5,772 Posts Rep Power: 21474858	Well, well, well. Interesting stuff. This is copied/pasted from susans.org, a very respected site for up to date, correct information on trans laws. California (Update 2013) California will change both name and sex, and will issue a new birth certificate rather than amend the old one. California Health and Safety Code, Section 103425-103445, states: "A petition for the issuance of a new birth certificate in those cases shall be filed with the superior court of the county where the petitioner resides." The State Office of Vital Records has provided this link to assist with changing gender (or gender and name). As of 2011, you no longer need to have surgery to change your California birth record. To obtain the court order for the gender change, have your doctor fill out an affidavit telling the court that you have undergone clinically appropriate treatment for change of gender. http://www.drbecky.com/birthcert.html Did I call bullshit? Indeed I believe I did. This is saying that as of 2011 all you had to do is say that you have "undergone clinically appropriate treatment for change of gender", in order to get a new birth certificate with a male gender marker. Guess what that means? That can be as simple as meeting with a licensed therapist ONE TIME and them writing a two sentence letter saying yeah, this person identifies as the other sex and is in their "right mind" (meaning they are not psychotic). That's it. So, bottom line, Jacki didn't need top surgery to marry her partner, she only needed this letter from a therapist, go to court, and get her birth certificate amended to say she is male. THAT"S IT! No surgery. No nothing. It is not like the "old days". Times have changed and states require/don't require different things. Really, the "work" she had to do was get the letter for top surgery and then go through the pain of recovery. This was just for fun you see, as it had nothing to do with marrying her partner. In order to get this, there is also a good chance she had to sign paperwork for her surgeon saying that she identified as male and was changing her sex. Interesting, huh? Here's the thing for me...which yeah, I know I have reiterated more than once in this thread. I don't give a fuck if you take male hormones (testosterone), get male chest reconstruction, or get surgery for a man made penis, and still identify as a female. Some FTMs don't do anything to their bodies and they are no less of a man than any other man. Why can't a female create a "male body" and still define as a "woman"? It's certainly not my business. But, don't fucking lie to us and say you did the top surgery so that you could marry a female. I am pretty fucking confident that you would have bothered to check the law that changed back in 2011 before getting married in 2013. Anyway, I am exhausted and it is 2 hours past my bed time or I would express why this is so bothersome to me. I believe that the choice to publicize this does hurt the gay community and the trans community. No doubt, in a very small way and with a small population, but I am disappointed. Maybe what really triggers me is that Jacki appears to have presented as butch all of these years. Since I am butch (and many butches identify as women, who I regard as part of my butch community), it ignites my irritation and causes disappoint. Since I am trans masculine, it does the same thing, but for other reasons. BUT, I know that the biggest frustration for me is the bullshit factor. Don't bullshit us. And don't publicize wrong information for the 100s of trans people out there in CA who think they have to have expensive and perhaps even unwanted surgery, in order to change their birth certificate in order to marry their female partner. That sucks. P.S. As an aside, the 2013 change is noting the rule change that the person can get a NEW birth certificate, rather than just amending their old one, has nothing to do with the topic at hand. I just wanted to include the entire quote posted at Susan's. __________________ -Dapper Are you educated or indoctrinated?