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The “pregnant man” may soon be a male single mother.
Thomas Beatie, a transgender man who bore three children, is filing for divorce from his wife Nancy, WPTV reported.
But a judge is questioning whether their marriage was legally valid in the first place. Beatie is hoping it is, even though it’d be cheaper for him if it wasn’t.
He was born as a woman in Hawaii and had a sex change before getting married in 2003, though he still has female reproductive organs.
He bore three of the couple’s children because his wife was infertile, and made headlines when photos of him with a beard and a pregnant belly were made public.
Hawaii recognizes Beatie, 37, as a man. But Arizona, where he lives now, does not because he still had female organs when he wed Nancy. The state does not allow same-sex marriage.
Thomas Beatie, known nationally as the ‘pregnant man,’ and his wife Nancy are filing for divorce, but Arizona, where they live, doesn’t considered them married in the first place.
“Hawaii said okay, that it's a valid marriage,” said his attorney, David Michael Cantor. “Who is Arizona to say, well, we're going to ignore one of the other 49 states and say this not a valid marriage?"
Cantor admitted that the case is “new territory” for Arizona. He is fighting to have the marriage recognized, even though it makes the divorce more complicated – and costlier for his client.
"If his marriage isn't validated, he doesn't have to pay spousal maintenance, he actually does better,” he explained. “But Thomas doesn't want that."
Instead, Cantor said, the case is about “Thomas' validation. It's a valid marriage, he's a male, he's a valid person."