Transgender "pregnant man" Thomas Beatie, that grew famous for sharing his journey with his then-wife on national television, has been denied a divorce as the state of Arizona doesn't recognize his union as a legal one to begin with, as reported by several media outlets including ABC News.
Beatie was denied a divorce this past March and plans to appeal the ruling with the State Court of Appeals or the State Supreme Court.
Beatie had three children at the same time he was changing his sex from female to male.
David Cantor, Beatie's attorney, stated, "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.'"
Beatie married his then-wife Nancy in Hawaii nine years ago. At the time of the union he had legal documentation that identified him as a man. He had already had his breasts removed in a chest reconstruction surgery.
Maricopa County Family Court Judge Douglas Gerlach ruled that the Beatie union could not be dissolved – and cited that the state of Arizona doesn't recognize unions between same-sex couples.
Gerlach also ruled that there wasn't enough evidence proving that Beatie was legally a man when he married Nancy.
Gerlach noted that Beatie had stopped his hormone treatments just so that he could become pregnant.
In dismissing the case for a lack of subject matter jurisdiction, Gerlach 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."
The one positive caveat of the judge's ruling, according to Cantor, is that Beatie will not be obliged to pay spousal support. However, that fact does not outweigh his client's desire to move on with his life – and that new life includes 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. Hawaii regards Thomas as still being married."
Beatie would have to move back to Hawaii and re-establish his residency in order to obtain a divorce. His marriage is recognized there.
The public learned of the "Pregnant Man" in 2008 when he and Nancy announced that Beatie was pregnant with the couple's first child on several televised talk shows. He was seen with his stomach extended in pregnancy while having a showing of facial hair on his chin. He also wrote a book, "Labor of Love: The Story of One Man's Extraordinary Pregnancy" detailing his journey. His children are now aged four, three and two.
David Higgins, Nancy Beatie's attorney, said, "The decision is a two edged sword for Nancy. 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."
Whether you are seeking a tricky same-sex divorce or not, contact a family law attorney to best suit your needs.