Pregnant Man Divorce, Thomas Beatie [VIDEO]: Appeals Arizona Judge Divorce Denial, Hawaii Transgender Same Sex Marriage Not Valid

By Jon Niles, Mstarz reporter | Apr 04, 2013 10:55 AM EDT

Thomas Beatie, who is better known as the "Pregnant Man" who gave birth to 3 of his children in his transition from woman to man, is set to appeal his divorce denial in Arizona because the state does not recognize same sex marriage. He now has a new girlfriend, Amber. In 2003, Beatie married his wife in 2003 in Hawaii, after he had undergone chest surgery to remove his breasts and had legal documentation saying he was a man. Beatie's attorney, David Cantor, believes that the judge is using the fact that Beatie used his female reproductive organs during the marriage against him.

"It's hard for him. He feels he is being targeted saying, 'Look, if you had kept it to yourself and didn't use your reproductive organs, we wouldn't be here," Cantor said.

Since Arizona does not recognize same sex unions and marriages, Maricopa County Family Court Judge Douglas Gerlach ruled that Beatie's marriage could not be dissolved last week.  He wrote:

"Parties have failed to show that the word 'man' in the state constitution means anything different from its plain, ordinary meaning, which by any generally accepted definition or reputable dictionary excludes people capable of giving birth."

Though this ruling means that Beatie does not have to pay spousal support, he says it is frustrating with his new girlfriend, Amber. Cantor said:

"She doesn't want to be dating a married man. If they get married, this judge would call it a same sex marriage not acknowledging Thomas as a man," he said. "Hawaii regards Thomas as still being married."

Nancy Beatie's attorney, David Higgins, said that she would likely join her husband's fight against the ruling.

"The decision is a two edged sword for Nancy," he said. "Obviously she is very disappointed the judge did not find the marriage to be valid. She understood herself to be married, believed Thomas to be a man, and we will probably join Thomas in moving forward with an appeal in that regard."

Thomas Beatie says that he is going to decide this Friday whether to appeal the decision. 

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