​Thomas Beatie Can’t Be Divorced, Judge Says​​

By: | 04/05/2021 09:22 AM ET

Thomas Beatie, best known as a transgender man who gave birth three times, will not be getting a divorce anytime soon.

Thomas Beatie

An Arizona judge refused to grant the 39-year-old a divorce from his wife of 10 years even though Hawaii recognizes their marriage.

Last week Maricopa County Family Court judge Douglas Gerlach said that the state’s gay marriage ban prevents the union from being recognized.

“This obviously is not Beatie versus Beatie,” Beatie said Tuesday with girlfriend Amber Nicholas by his side. “This is the state of Arizona versus transgender people, human reproductive rights and fairness under law.”

Beatie could remarry in Arizona, but that would create turmoil in Hawaii, where Beatie’s first marriage was viewed as valid, his lawyer Michael Cantor said.

He will decide later this week whether to appeal to the Arizona State Court of Appeals or the State Supreme Court, ABCNews.com reported.

“Imagine what this is doing to my children,” Beatie said. “In time, they are going to look back and see that a court said that’s not your daddy. I’m sorry, that’s who I am. I am my children’s father.”

During his ruling, Gerlach said there is not enough proof that Beatie was legally a man when he married his wife, even saying that he had stopped hormone treatments in an attempt to get pregnant.

“Parties have failed to show that the word ‘man’ in the state constitution means anything different from its plain, ordinary meaning, which by any generally accepted definition or reputable dictionary excludes people capable of giving birth,” the judge wrote.