Nebraska Inmate Denied Marriage to Trans Former Inmate

[Carolyn Marie]

Sometimes, the stories are just too strange.

http://journalstar.com/news/state-and-regional/nebraska/judge-tosses-marriage-suit-by-inmate-transgender-fianc-e/article_57c090e7-e5f8-5f13-870f-21f62a4370b9.html

Carolyn Marie

[Guest Motormouth18]

I know that you're supposed to look past a person's past, but if a person will mostly die in prison, why would you even become involved with them?

Not to mention the age difference, almost 30 years. That's just creepy and a bit fishy imo.

[Drea]

Yes a strange one, but I think one important point to take note.

Ignoring the prison stuff, cause I have seen the same sort of argument made in other venues, there is one curious thing about this which I find...troublesome.

This is a case is challenging a law that says marriage must be between a man and a women. Simple enough.

The basis of their argument was:

...saying their rights were being violated because they weren't allowed to marry the person of their choosing and weren't being treated equally to heterosexual couples who may be approved for prison visits

The thing is, this case involves a man and a trans woman (MTF). Their argument is predicated on them being a gay couple, not a heterosexual couple which means for this argument to be made, the trans woman must be recognized as a man.

Now it may be that trans women can't get recognition as women in Nebraska and I could certainly see challenging that, but that wouldn't be challenging this particular law. But pursuit of this avenue of argument seems to have a chance of solidifying trans women as being men rather than women.

Now maybe there are other facts. I can see for example such marriage protection laws today specifically including provisions related to trans in negative ways (thanks to awareness) but back in 2000 when the law was passed, trans weren't nearly so front and center as they are now so I tend to think it unlikely.

[Ravin]

Sometimes it's more about strategy than the politics. Also, in the law the smart thing to do is attack it both ways--both the failure to recognize the trans woman's gender as a woman, and in the alternative that the law requiring marriage be between a man and a woman.