Legal Question in Civil Rights Law in California

Re: Legal Rights of Spouse to Transgender Person

You certainly appear to have a very strong marriage.

Under California law, both of you would be legally protected against discrimination on the basis of your spouse being, or becoming, or being perceived as. a transgendered person. The status of your marriage after the transition might be an interesting legal question, especially if one or both of you were to apply for or receive Federal benefits such as Social Security. Of course, under California law, domestic partners have 100% of the rights of married couples -- but it is not clear that the validity of your marriage would necessarily be affected by the transition or that you would necessarily achieve anything of value by registering as domestic partners. I am not aware that the courts have ruled on the issue.

In other words, other than the fact that you are protected against discrimination, your question is a stumper. Beats the heck out of me.

Re: Legal Rights of Spouse to Transgender Person

As I understand it, after the transition, both of you will be of the same sex. I don't know if the state would then step in and annul the marriage. I've never heard of that. You might re-post your inquiry for a family law attorney.

If you then are a same-sex couple, all sorts of issues will arise. The law keeps changing, so hang in there!