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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (March 21, 2008)
JULIE SABATIER northwest Transgender Couples Find Loophole Some same-sex couples are pushing the boundaries of marriage law by Julie Sabatier any same-sex couples in Oregon are reeling from the roller coaster ride of obtaining their legal right to do Johnson, who practices family law in Portland. “For a transgender community say they are of mestically partner. But because of a legal loophole, couple that got married when they were of opposite sex and then one of them transitioned ;tnd now presenting themselves as Oregon a small number of same-sex couples have been able residents and asking to have that marriage recognized, I think that’s straight allies. “It to marry under state and federal law for some time. very problematic after Measure 36.” requires affirma tive disclosure but ten mistaken for The marriage between Ani Haines (left) and Theresa Mitchell is a legal gray area since Mitchell's transition. Theresa Mitchell and Ani Haines married six years ago when According to Johnson, Haines’ and Mitchell’s marriage would Theresa still went by “Steve” and was biologically male. At that not risk being invalidated unless it were challenged in court con on my part for them to understand that I really do understand and 1 time, they were one man and one woman, but soon after they were support the sexual minorities community because 1 lived as a lesbian married, Mitchell made the transition from male to female, making cerning issues of inheritance, adoption or any other legal benefits they enjoy as a married couple. Even then, a judge might decide to them one of the few same-sex couples married in Oregon. rule in their favor. for 10 years,” said Esquivel. Johnson said Esquivel and Pearce have a more clear-cut case “I suspect that there are some who view me as a man who’s dress Alec Esquivel and his wife, Michele Pearce, face a different set when it comes to the legality of their marriage. “I think that a cou ing as a woman who’s living with a woman, and 1 know that there of questions surrounding the legality of their marriage. Esquivel be ple that is getting married after one party has transitioned, as long are a lot of people who get it,” she said. “If people ask me respect gan transitioning from female to male in 2001 with the help of hor as one of them is female on their birth certificate and the other is fully, then 1’11 just tell them I’m a different sort of person.” male on their birth certificate, I don’t think any further questions Mitchell and Haines stressed that their marriage contract meant mones. At 32, he legally changed his gender on his birth certificate with a court order and a letter from the surgeon who performed his little more to them than the legal protections it brought with it. double mastectomy. Three years after this legal and physical change, Neither of them can remember the exact date they tied the knot. Esquivel married Michele Pearce, a biological female. marriage law, even as same-sex couples navigate the new legal land Six years before, they had expressed their commitment to one an scape of domestic partnerships. All of them are hoping for a more other through a pagan hand-fasting ceremony, which was much “The marriage laws are really a mess,” said Esquivel, who is en rolled at Willamette University College of Law, where he has done more significant for them. some research on the legal ramifications of transgender marriage. “Marriage equality and the right to serve in the military were Haines said the two decided to marry for one reason. “Suddenly, Like the many same-sex couples hoping to file for domestic partner seeing that Theresa’s gender was about to be legally changed, we ships under Oregon’s new law, Esquivel and Pearce put their union saw this as a big sort of loophole,” she explained. “It was pretty in in jeopardy if they leave the state. “I don’t think that Michele and I could move to Texas,” Esquiv never my top priorities as a queer person in this society,” said Haines. “That said, if one section of the society gets the goodies— the legal benefits of being married—then that needs to be open to all people.” © are going to be asked.” Trans couples continue to wrestle with vague loopholes in the inclusive future. triguing.” When Oregonians passed Measure 36 in 2004, marriage was le gally defined as the union of one man and one woman, but there is el explained. “Texas law would recognize my gender as the gender that I was bom with, which would be female. In Texas, 1 could only This report originally aired on OREGON PUBLIC BROADCASTING in no state case law to address a marriage like Haines’ and Mitchell’s. marry another male, which is then complicated because the public January. It’s unclear just how legal their union actually is. would then see a same-sex marriage.” “That’s a very tough question after Measure 36,” said Mark Esquivel and Pearce are both active in the sexual minorities J ulie S abatier is a Portland radio producer. High-Rise Living ------------ T—-------------------------------------------- Endless Views Contemporary Interiors Downtown Location Beautiful Greenspaces Pool & Sun Deck Spacious Penthouses Prices begin in the $200s. Immediate move-ins available. Sales Center & Model Tours at 222 SW Harrison, Suite GO-11 503.222.9944 LIVEHARRISON.COM
