The couple walked into a Norfolk courthouse on a spring day, exchanged a few words, and within 10 minutes, were seemingly husband and wife.
It was an unremarkable ceremony – except that several weeks later, officials realized the shapely bride might not have been a woman.
Now authorities in Virginia, where same-sex marriages are illegal, are weighing whether to file misdemeanor charges against the couple, Antonio E. Blount, 31, and Justin L. McCain, 18. An announcement is expected this week.
Read the whole story here.
The people who are insisting that marriage is only valid if it is people of different sexes are asking for it. It might, in many states, be easier to recognize gender orientations beyond hetero male and female as additional ‘sexes’ (in courts) than to get legislatures to pass non-discriminatory bills.
Just as interesting would be the reaction in some legislatures….
Imagine this scenario. Imagine a couple where one person is roughly male or female and the other is too, but ‘transgenders’ … (yes, I’m using that as a verb here).
They get married. They get arrested. They get a lawyer.
Eventually, a court is convinced (by arguments made by a dream team consisting of Maggie Cassella, William Rubinstein, Benjamin Schatz and Tom Stoddard) that XX or XY plus same, transgenderd (that was a formula, of sorts) is a marriage between people of “opposite” sex (this will ultimately depend on what you mean by “opposite” of course). And thus legal.
Then, the fun starts when the legislature debates the wording of the new bill that makes sure that this does not happen again.
“The Commonwealth of Virgina herein defines members of the biological gender typically associated with two X chromosomes and in the absence of any discernible Y chromosomes by whichever means of discernment is common practice, who may also happen to present as or claim orientation towards or as femme lesbian, butch dyke, or straight trans crossdresser, not inclusive of surgically trangendered (see section 9 paragraph 4 of this code) or non female regendered transexual individuals, non-lesbian female clitoral hypertrophic individuals (to the exclusion of chicks with dicks, see section 14 paragraph 9 of the penal code), shall be deemed a woman in relation to laws, codes, or regulations pertaining to matrimony.”
… or words to that effect. Perhaps under these circumstances the legislature of such a state might just leave this issue alone and give up.
One can only hope.