After he was refused a divorce Friday, Thomas Beatie, “the pregnant man,” plans to appeal the decision, the Associated Press reports. Beatie is a transgender man who gave birth to three children after beginning the change from female.
The judge ruled Beatie’s nine-year marriage to Nancy Beatie invalid due to Arizona’s ban on same-sex marriages. “Imagine what this does to my children,” Beatie says, “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.”
The judge of the case says he has no jurisdiction to grant the divorce, as there is no evidence that Beatie was a man at the time of the 2003 wedding ceremony. While the marriage being declared invalid saves Beatie from having to pay alimony, he says what he truly wants is for his children to know the union with their mother was legitimate. “This obviously is not Beatie versus Beatie,” he explains, “This is the state of Arizona versus transgender people, human reproductive rights and fairness under law.”
While Beatie plans his appeal, Nancy’s attorney indicated she may join in as well. “She recognizes Thomas as a male and recognizes that her marriage is valid,” her attorney says.