Here is a story that has been ricocheting all over the web. (I’ve linked to what I believe to be the original story in The Advocate.) I’ve actually already blogged about this on my other blog. But it’s worth commenting on here as well, perhaps for different reasons.
It’s pretty obvious why the story is so sensational–a pregnant man. But read the story carefully and notice how many issues transgender people raise and have to confront in their lives. For example, the couple is legally married in Oregon. Now, like most states, Oregon restricts marriage to different sex couples. But Oregon also allows a person to change their legal sex, so this is a male/female marriage, hence lawful. You wouldn’t get that result in all states. Some states would view this as a female/female marriage and hence, unlawful. (Those same states would insist the pregnant person is a woman, which might make the story far less remarkable.)
The story in all its complexity reveals a great deal about how much of our family law is tied to gender. Thus, questions like “Can the person who gives birth give a father?” are earnestly discussed around the web. It’s not sufficient that the person who gives birth will be a parent.