An unusual immigration related story.
A New Zealand woman who married an American man with “ambiguous genitalia” has had her marriage licence quashed and been refused permission to stay in the United States.I have some sympathy for Mr. Calewarts. Children born intersexed or with undescended testicles, can end up be labeled the wrong gender at birth.(Sometimes with the parents making the choice.)
The woman, who has not been named, married Stephan Thomas Calewarts - also known as Stephanie Tia Calewarts - in September 2006.
Then in October 2006 Stephanie Calewarts - whose name was legally changed in 2000 - asked a Brown County, Wisconsin circuit judge to change his birth certificate back to a male gender.
When the judge refused, the county revoked the couple’s marriage licence because Mr Calewarts’ birth certificate listed him as female because same-sex marriages are illegal in Wisconsin.
Because the marriage was null, the New Zealand woman couldn’t get a visa to stay in the United States, Mr Calewarts told the Green Bay Press-Gazette.
“Oh God, no,” Mr Calewarts said when told of an appeals court decision released today.
“I am scared to death right now. I am not going to see my wife. She is the only thing that means anything to me. I am a nobody right now.”
He had claimed that the 2000 court order changing his birth certificate to female was an error based on mistakes and misunderstandings.
Mr Calewarts, 58, said he had some surgery done for health reasons, not to change his sex.
But the District Court of Appeals ruled that Mr Calewarts had run out of time to appeal or challenge the earlier court decision.
According to court records, he was born with “ambiguous genitalia” - tissue for both a penis and a vagina - because of birth defects, but his birth certificate identified him as male.
He had surgery in July 1999 to remove his testicles and after gender reassignment surgery in Montreal in 2000, asked for his birth certificate to be changed to female, court records said.
“I thought I was going to have two birth certificates. One of each. Big deal. I was born with two genders,” Mr Calewarts said today.
“I can’t have sexual intercourse because nothing works."
However once Calewarts had GRS surgery, I just don't understand how they could think they'd have two birth certificates and the ability to choose between male and female. I do however wish Mr. Calewarts and his wife well. Maybe he should look into immigrating to New Zealand. That may up working for the couple.
Hat tip- Ann Althouse
Linked to- Right Wing Nation, Rosemary, The World According to Carl, Yankee Sailor,