Texas AG Declines Position on Same-Sex Transgender Marriage

Wednesday, Aug 11, 2010  |  Updated 9:45 AM CDT
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Texas AG Declines Position on Same-Sex Transgender Marriage

Getty Images/Rubberball

Opinion deferred due to pending case.

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Attorney General Greg Abbott's office has declined to provide an opinion on whether Texas counties can issue marriage licenses to same-sex couples if one of the people had sex reassignment surgery.

Abbott's office on Aug. 6. deferred because a similar civil case is pending in Wharton County.

El Paso County Attorney Jo Anne Bernal in April requested the AG's opinion, after Sabrina Jeanne Hill sought a license to marry another woman.

Hill's birth certificate indicated she was born male, but her driver's license listed Hill as female, as did a court order acknowledging she changed her name after surgically becoming a woman.

Hill and Therese Bur wed in May in Bexar County, which relied on a 1999 appeals court ruling to let Hill use her birth certificate listing her gender as male.

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