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Legalities of a becoming a transsexual
I missed this segment on CNN's Larry King Show...I'll try to catch it during the weekend rotation. Did anyone else see it? Interesting subject!
If you didn't see it, or read about it somewhere, here's the summary off the CNN site....
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"He's been ordered to pay his ex-wife alimony, even though SHE has become a He. Is that fair, when same-sex marriage is against the law?"
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March 31, 2007, 10:50 |
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Re: Legalities of a becoming a transsexual
I would think that if she became a he, then this person is not the same person. However, I know there will be arguments about that statement.
I don't think alimony is fair anyway. Both should be contributing to the relationship. Both should also be able to be self-sufficient.
To your question, that would depend on what state they are in. In the case of CA, what city.
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March 31, 2007, 11:43 |
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Re: Legalities of a becoming a transsexual
I didn't get to watch the segment on this, dammit! So I don't know what state this is in...all I know is that in this man's state, same sex marraige is illegal.
As far as alimony...well that's probably a whole other thread topic, and I would love to read the replies and opinions if someone cares to post it! (Okay, in case sublte doesn't work here...SOMEONE POST THAT TOPIC!)
I'm gonna google this transsexual' s case when I have the time and see if I can find something more detailed about it...could be a very interesting landmark case!
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March 31, 2007, 12:02 |
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Re: Legalities of a becoming a transsexual
Ah hah! Finally found the entire story on the CNN site...
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CLEARWATER, Florida (AP) -- A woman's sex change operation does not free her ex-husband from his alimony obligation, a judge said Wednesday.
Attorneys for Lawrence Roach, 48, had argued his 55-year-old ex-wife's decision to switch genders and change her name from Julia to Julio Roberto Silverwolf voided their 2004 divorce agreement.
"It's illegal for a man to marry a man and it should likewise be illegal for a man to pay alimony to a man," said John McGuire, one of Roach's attorneys.
Circuit Judge Jack R. St. Arnold, however, ruled that in the eyes of the law, nothing changed significantly enough to free Roach from his $1,250-a-month obligation.
The judge said since Florida courts have ruled sex-change surgery cannot legally change a person's birth gender, Roach technically is not paying alimony to a man.
Gender definitions are "a question that raises issues of public policy that should be addressed by the Legislature, not the Florida courts," St. Arnold wrote.
Silverwolf's lawyer, Gregory Nevins, said the language of the divorce decree is clear -- Roach agreed to pay alimony until his ex-wife dies or remarries.
Nevins said he and his client were pleased with the ruling, although they disagree with Florida's refusal to legally recognize gender reassignment surgery.
Roach, a utility worker who has since remarried, said he will press his fight to end the payments.
"We're going to try everything we can," he said. "I can't rest until I get satisfaction."
The case is the second transsexual rights showdown in Pinellas County in less than a week. On Friday, city commissioners voted 5-2 to fire Largo's city manager, Steve Stanton, after he announced he was a transsexual.
An Ohio appeals court ruled in September 2004 that a Montgomery County man must continue to pay alimony to his transsexual ex-wife because her sex change wasn't reason enough to violate the agreement
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March 31, 2007, 12:41 |
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Re: Legalities of a becoming a transsexual
Okay..if your ex can afford a sex change operation...do they really need your alimony????
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March 31, 2007, 12:43 |
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Re: Re: Legalities of a becoming a transsexual
QUOTE (Chazzy @ March 31, 2007, 12:43)Okay..if your ex can afford a sex change operation...do they really need your alimony????
That is probably how the sex change was paid for...
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March 31, 2007, 13:06 |
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Re: Re: Re: Legalities of a becoming a transsexual
QUOTE (Juilianna @ March 31, 2007, 13:06) QUOTE (Chazzy @ March 31, 2007, 12:43)Okay..if your ex can afford a sex change operation...do they really need your alimony????
That is probably how the sex change was paid for...
Yup, must be nice to have an income without having any obligations nor commitment.
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March 31, 2007, 13:45 |
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