There is no such thing as a pregnant man, ruled Judge Douglas Gerlach in Arizona court today. The judge rejected female “Pregnant Man” Thomas Beatie’s petition for divorce from her wife on the grounds that their marriage was a same-sex marriage, regardless of Beatie’s transgender legal status as “male”. Same-sex marriages are not recognized in the state of Arizona.
Thomas Beatie, 38, was a lesbian named Tracy Lehuanani Lagondino living in the state of Hawaii when she underwent surgical breast removal and began testosterone injections to masculinize herself cosmetically. Tracy had been a model and teenaged beauty queen with a strong belief in sex-based personality theory. There is no national criteria for changing legal sex in the United States and each state determines its own legal criteria. The state of Hawaii allowed her to change her birth certificate from female to male based on a note from her doctor that she had undergone cosmetic breast removal and synthetic hormone injections.
In 2003 Beatie married another woman, Nancy, and after stopping her testosterone injections, gave birth to three children via sperm purchased over the internet. In 2008 Beatie made headlines as “The First Pregnant Man”, appearing on the Oprah Winfrey show and selling her story to tabloids worldwide. The couple moved to Arizona.
Last March Beatie filed for divorce and began selling videos of her wife to tabloids – videos in which Nancy appeared to be intoxicated. Thomas claimed in her divorce papers that Nancy had punched her “in the crotch”, a charge that Nancy denied. The divorce proceedings were delayed because Maricopa County Family Court Judge Douglas Gerlach was unable to find a legal precedent or authority that defined a male as an individual capable of giving birth.
Today’s ruling reflects that reality: Males are not capable of giving birth. Transgender activists had sought to redefine sex as a matter of stereotyped cosmetic appearance or personality type rather than reproductive fact. Instead, the judge determined: “Thus, by urging that Arizona law equates a double mastectomy with a sex change operation, the Parties’ contention, if adopted, would lead to circumstances in which a person’s sex can become a matter of whim and not a matter of any reasonable, objective standard or policy, which is precisely the kind of absurd result the law abhors.”
The judge issued a separate ruling disolving the same-sex union and outlining child custody arrangements and child support. Nancy Beatie has stated that she is pleased with the result. Thomas Beatie and her attorneys will conduct a news conference about the ruling next week.