How to Legally Marry a Transgender Person
Though the decision to marry is big one, getting a marriage license is often just another step in the wedding preparations. For an "alternative" couple however, the marriage license can be the biggest hurdle they must jump before saying "I do." The U.S. options for same-sex couples are extremely limited, but when one or both are transgendered, you may have a better chance of obtaining a license.
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Instructions
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Consider the variants of determining sex by paperwork. Some laws require that only the sex at birth be considered, while others focus on the sex at time of marriage. In most states, at least one of these variants needs to result in a male and female on the license.
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Determine the marriage laws for your state of residence or the state of the ceremony (if different) (see Resources below).
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Discuss a contingency plan in case you are refused a license despite fitting the state laws. Options include hiring an attorney to speak on your behalf or file a suit against the state, contacting the ACLU or Lamda Legal or going to a different county to see if you have better luck there.
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Gather all paperwork necessary to prove you fit the state laws. Have an original birth certificate stating the sex at birth, a current ID (still showing the sex at birth, even if your name has changed) and a copy of the state law you researched.
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Stand your ground at the records office. Especially if there has been a name change or if the trans member of the couple makes you appear to be a same sex couple, there may be some resistance. These are your rights, so ask for a different clerk or a supervisor or threaten to call your lawyer or ACLU rep.
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