Several European countries whose laws are influenced by the Code Napolean have incredibly strict laws about gender reassignment. Some even do not allow a change of legal sex at all if the person has had children.

Give me a break! The fact is that the person has changed gender and is a woman. Clearly Tennessee authorities need to learn a great deal about what people go through when they choose to change gender.

There are some details not fleshed out in this version of the story.

I can’t remember how Mrs. Rittenberry’s (Philip’s, it’s not clear which she prefers) gender originally came into question. But apparently the staff decided that following policies required determining the state of Mrs. Rittenberry’s genitalia. However, there is a policy preventing strip searches except for cases of suspected (drug) smuggling. The female officer apparently patted down Mrs. Rittenberry breasts, and the male officer her crotch. The male officer decided he felt male genitalia.

Mrs. Rittenberry asserts that she has had bottom surgery. The local authorities dispute this because of the pat down, the clinic denies having records of the surgery (though they do confirm the surgery was scheduled) and because on Mrs. Rittenberry’s Facebook (mySpace?) page she shows her status as pre-op. Mrs. Rittenberry says she simply hadn’t updated that webpage, that the officer performing the clothed pat down made an error in his determination, and that she wouldn’t have scheduled a surgery without following through with it. She is because accused of presenting a falsified document to obtain the change to her Kentucky birth certificate.

She is now being housed in some kind of “protected” environment because of the danger she faces in the men’s unit. This by the way is common in all states if someone is judged to be pre-op. Prison systems not handle transgender people well.

The couple was originally allowed to marry without question because Mrs. Rittenberry had a state-issued picture ID showing her female. As TN doesn’t recognize transitioning genders/sexes, authorities have determined that marriage now falls under the ban on same-sex marriages and is thus void.

I suspect that because her birth certificate is from Kentucky (where sexes can be changed) that the full faith clause requires TN to recognize her sex change (assuming it is not voided for lack of genital surgery) and thus her marriage. But as happens in other states, if she decided to marry a woman the state would have to recognize the marriage. Transgender people’s ability to marry varies with state laws, their surgical status and their particular sexual orientation.

While I am not a legal scholar, I imagine this could actually turn out to be a very important legal case in TN if it is pursued. If Mrs. Rittenberry can obtain a full faith judgment, it would appear to have obvious implications for any out-of-state same-sex marriages.

Articles from the local paper appear can be found here:
http://search.theleafchronicle.com/sp?aff=1100&skin=100&keywords=rittenberry

Like it or not, though, her case is hampered by the fact that she hasn’t had SRS. There’s very little legal precedent in the world (let alone the US) for legal recognition of a change of sex prior to SRS.

What tends to vary is the definition of ‘SRS’; most states and countries require total removal of the person’s genitalia and either construction of what is possible of the alternative, or at the very least the altering of the genitalia such that sterility is inevitable.

If she’s going to argue that she should be legally recognized as female prior to SRS, she doesn’t have any legal legs to stand on.

What she can do (and probably should do) is sue the state for housing her with men in the prison on the basis that it invites prison rape (and consequently violates both the due process clause and the cruel and unusual punishment clause of the Constitution).

I hope your joking. Anything related to the bible, is hearsay, non factual.

Whether your joking or not, it’s way past time, that people who are enlightened, stop indulging these fanatics, allowing them the power to oppress and discriminate against anyone because of their (non factual) religious belief system.

It’s time to stop the oppression, suffering and murder, inflicted upon innocent people caused by the dictators of religious beliefs.

They used to believe the sun revolved around the earth, they believed in witches, they believe that heaven, is solely for them, they took Native American Indians Children from their parents, and beat Christianity into them, the same with the Eskimos, lets not forget the hundreds of thousands that died in the holy wars!

All the above mentioned and more, have caused physical pain and mental suffering, not to mentioned the innocent people murdered in the name of God and religion.

The only things historically correct concerning the bible, is religion needs to have, and keep absolute power, to keep power, they must dictate and use religious beliefs, for the sole purpose to oppress,torture and murder anyone who doesn’t conform or repent to their interpretations of their of God and religion!