Genetics, lifestyle, or state-recognition of gender?

So I was just wondering, eventhough I don't see the fight for gay marriage as back-tracking to this,

If there were to be a federal amendment that actually defined marriage between a man and a woman, which would be most important for federal recognition, genetically being a man/woman, the gender which someone lives their life as, or what the state recognizes as a man or woman? Or would there be some other thing that qualified it?

Also, as a side question, would marriages where someone changed their sex during the marriage be invalidated now that one of the people is no longer their original sex?

well, if marriage is federally defined, it'd have to use the federal/state definition of gender too.

and if someone changed their gender whilst married, the marriage would have to be annulled.

spud_meister said:

well, if marriage is federally defined, it'd have to use the federal/state definition of gender too.

and if someone changed their gender whilst married, the marriage would have to be annulled.

Click to expand...

I was actually referring to individual states' definition of gender, which actually changes with each state. Some states stick with what is on the birth certificate, others consider what the person is physically, and some say that it is whatever gender a person chooses themselves and/or is living as. This is actually an issue in some states, because the validity of some cross-dressers and transsexuals marriages is in question.

The gender someone lives their life as.

spud_meister said:

well, if marriage is federally defined, it'd have to use the federal/state definition of gender too.

and if someone changed their gender whilst married, the marriage would have to be annulled.

Click to expand...

and so to further this logic, two men who would like to get married can, so long as prior to that marriage one of the men have a gender-changing operation to become a female. Then they can be married (it almost makes me wonder why someone would need surgery to practice marriage under law... I mean, you need surgery to practice a freedom? What kind of restriction is that??? - what's the problem with this scenario??? the law. - gay marriages should be allowed under law, IMO)

roguenuke said:

I was actually referring to individual states' definition of gender, which actually changes with each state. Some states stick with what is on the birth certificate, others consider what the person is physically, and some say that it is whatever gender a person chooses themselves and/or is living as. This is actually an issue in some states, because the validity of some cross-dressers and transsexuals are in question.

Click to expand...

oh, sorry, i should've got that, my comprehension is rather lacking at 3am :mrgreen:

in that case, unless the federal government defines the genders, it'd have to be by the states definitions.