07-23-2010, 05:15 PM | #1 (permalink) | |
Addict
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Transgender Widow in court to protect her marital rights
The transgender widow of a Texas firefighter is under attack, with the state and the deceased husband's family claiming that she is not eligible for spousal benefits because their marriage is invalid - even though she was legally a woman when they married (and has been throughout the marriage).
Transgender widow of Texas firefighter wants to keep husband's death benefits - todaysthv.com | KTHV | Little Rock, AR Quote:
For me, the overriding fact here is that this man and woman mutually consented to enter a legally-recognized marriage, and neither the state nor the family has any moral right to second-guess that decision. I am very curious what you guys would make of this, though. While it's clear to me what I find most important here, I can imagine that some of you might consider other questions and have a different perspective on the rights of the family. |
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07-23-2010, 05:41 PM | #2 (permalink) |
warrior bodhisattva
Super Moderator
Location: East-central Canada
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She's being accused of marriage fraud on the basis of sexual identity. This is a form of discrimination that is prohibited in my country by the Charter of Rights and Freedoms.
In 2005, the Canadian federal government passed a bill that legalized same-sex marriage nationwide. We are not the only country to do so. It's unfortunate that it appears the U.S. is several years behind. But this is kinda beside the point. The victim in this case identifies as a woman and has since before the marriage. This isn't so much as a same-sex marriage issue as it is a sexual-identity discrimination issue. In terms of legal matters, I can see how the courts would rule against her. After all, the law is the law. However, if this is the case, the laws are outdated. I hope she gets her benefits.
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Knowing that death is certain and that the time of death is uncertain, what's the most important thing? —Bhikkhuni Pema Chödrön Humankind cannot bear very much reality. —From "Burnt Norton," Four Quartets (1936), T. S. Eliot |
07-23-2010, 07:20 PM | #3 (permalink) |
Eat your vegetables
Super Moderator
Location: Arabidopsis-ville
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That she is rejected by her husband's family during this time of grief makes the situation even more heartbreaking. I really wish the supreme court would take on a case like this.
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"Sometimes I have to remember that things are brought to me for a reason, either for my own lessons or for the benefit of others." Cynthetiq "violence is no more or less real than non-violence." roachboy |
07-23-2010, 10:06 PM | #4 (permalink) |
Junkie
Location: Tennessee
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Odd case, I guess it unfortunately comes down to the letter of the law. If being transgender is grounds for making a marriage invalid then I'm not sure what recourse she legally has. It's very sad.
I have to agree with genuinegirly, I too wish the supreme court would take on a case like this. This kind of stuff REALLY needs to stop, its pointless.
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Tags |
court, marital, protect, rights, transgender, widow |
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