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TechnographSex changes, alimony, and the true meaning of progress
By Jon Monteith
Posted: 4/2/07 Section: Opinion Columns
In the sense that it acknowledges Silverwolf's transformation from female to male, the plaintiff's argument is actually more progressive than the judge's. But the two are united in their desire to apply Florida's legal definition of marriage, which currently denies access to gays. They are invoking a conservative law to defend their respective positions.
At the same time, Roach seems to be implying that Silverwolf's current status as a man erases his legal standing as Roach's ex-wife. It doesn't. By definition, Silverwolf was Roach's wife until their divorce, and that makes him Roach's ex-wife upon their legal separation, now and in the future. To argue otherwise is to indicate that something fundamental about their previous marriage is altered by Silverwolf's gender transformation. This suggestion would be at best inaccurate and most likely transphobic. The judge's refusal of such a notion and the consequential upholding of Silverwolf's legal rights as Roach's former wife are the progressive gems to pluck from this ambiguous ruling.
The ambiguity itself is cause for genuine concern. As the result of his surgery, Silverwolf is anatomically a male. But using the logic employed in this case, since Florida law does not recognize Silverwolf as a male, he could legally marry another man but not a woman. The same traditionalist philosophy that would lead lawmakers to refuse a legal change in gender is in effect allowing same-sex marriage to occur.
This is nothing short of bizarre. As Judge St. Arnold explained during his ruling, when it comes to legal questions of gender identity, "There is not a lot out there to help us." This needs to change. Rather than perpetuating the backwards attitude toward transgender people as abnormal and denying legal legitimacy to a life-changing decision, policy-makers need to exercise serious responsibility. It is time to enact laws that eliminate the clouds of uncertainty and unfairness that currently hang over cases involving gender identity in America.
At the same time, Roach seems to be implying that Silverwolf's current status as a man erases his legal standing as Roach's ex-wife. It doesn't. By definition, Silverwolf was Roach's wife until their divorce, and that makes him Roach's ex-wife upon their legal separation, now and in the future. To argue otherwise is to indicate that something fundamental about their previous marriage is altered by Silverwolf's gender transformation. This suggestion would be at best inaccurate and most likely transphobic. The judge's refusal of such a notion and the consequential upholding of Silverwolf's legal rights as Roach's former wife are the progressive gems to pluck from this ambiguous ruling.
The ambiguity itself is cause for genuine concern. As the result of his surgery, Silverwolf is anatomically a male. But using the logic employed in this case, since Florida law does not recognize Silverwolf as a male, he could legally marry another man but not a woman. The same traditionalist philosophy that would lead lawmakers to refuse a legal change in gender is in effect allowing same-sex marriage to occur.
This is nothing short of bizarre. As Judge St. Arnold explained during his ruling, when it comes to legal questions of gender identity, "There is not a lot out there to help us." This needs to change. Rather than perpetuating the backwards attitude toward transgender people as abnormal and denying legal legitimacy to a life-changing decision, policy-makers need to exercise serious responsibility. It is time to enact laws that eliminate the clouds of uncertainty and unfairness that currently hang over cases involving gender identity in America.
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Viewing Comments 1 - 4 of 8
eric
posted 4/02/07 @ 8:33 AM EST
Transgender people should be treated with respect and given the same opportunities as everyone else. I believe however that you have bought the usual "bundle of goods" when you state that transgender is a normal just like everyone else condition. (Continued…)
Mak
posted 4/02/07 @ 1:03 PM EST
Mak thanks for your serious and mannerly reply. I looked however for your facts and didnt find any . As we both know and as I made clear, this is a gray area . (Continued…)
eric
posted 4/02/07 @ 1:21 PM EST
MAk, I will speak directly to you and probably for the last time as I see the discussion deteriorating to a point that it is a waste of time. I am a LCSW and my name is Eric. (Continued…)
Sandra
posted 4/03/07 @ 7:56 AM EST
This issue seems difficult, but if you simply reverse the sex of each party - and their life paths since divorce, it would all clear up. So - imagine that the divorced husband went through a sex change, and is now petitioning the court to be relieved of alimony because he is no longer a he, but a she, and Florida does not recognize same sex marriage. (Continued…)
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