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Ms. Ferris Wheel, San Francisco Age and Occupation: 29, Psychologist Fiance's Age and Occupation: 27, Psychologist Engagement Date: May 23 and 28, 2010 (one for each of us!) Wedding Date: November 2011 Venue: Parc55 Hotel (city lights ceremony, ballroom reception) About Me: Born in the Southeast, educated in the Northeast, and over-educated on the West Coast, I finally earned my city-girl credentials and have put down roots in gorgeous San Francisco. I’m a raging perfectionist with a lightning quick wit and a terrible sense of both time and direction. Our wedding task list is endlessly growing because of my predilection to think that DIY projects I can make = DIY projects I should make (so not true!). I always go to bed wishing there were more hours in the day to enjoy all the things I adore, whether that be hobbies, friends, my career, our two dogs, or Mr. Ferris Wheel. Ours is a story of a non-traditional couple living an oddly traditional life planning a not-so-traditional wedding in this city we adore. Together we are bustin’ out all of our best skills (and some of our worst ones) to plan a laid-back-chic DIY-craftastic love-alicious affair!
About Ms. Ferris Wheel

The Timeline, Part 3

May 17th, 2011 @ 4:00 pm by Ms. Ferris Wheel

One year and nine months after coming out to me, 364 days after starting testosterone, and eight months after having top surgery, Mr. FW officially became a ’mister’ in the eyes of the law.

The Timeline, Part 3 :  wedding legal relationships san francisco Img 069 IMG_069
{It’s Mr. FW}

With guidance from the super helpful information provided by the Transgender Law Center, Mr. FW worked with his medical doctor for several weeks to draft a letter with all of the very precise language needed to satisfy the requirements of both federal (social security, passport) and state (court, DMV, birth certificate) agencies. With the letter and a lot of other forms firmly in hand, he was assigned a court date for his legal name and gender change hearing. We went together to court that day along with probably fifteen other people. Many were women changing their names and/or their kids’ names due to marriage or divorce, some were just changing their first name to something they preferred better, and two people were there to change their name and gender.

The ’hearing’ was quick. Just a minute at the microphone in front of the judge (and everyone else in the room), and half an hour later we walked out of there with a several certified copies of the court order that would very literally change our lives. For starters, Mr. FW could begin the tedious and annoying process of applying for new identity documents and changing his name on all of his accounts. For those of you who’ve changed your name before, I’m sure you recall the hours and hours of time you spent reading and filling out paperwork.

The Timeline, Part 3 :  wedding legal relationships san francisco Paperwo paperwo

{a small sampling of said paperwork}

So the court order allowed Mr. FW to get new documents, yes, but it also had other important and mind-bending ramifications for our relationship. Now that he was legally male, we could legally get married. It’s what I like to call the Marriage Loophole. Before we went to court that morning we were a lesbian couple in the eyes of the law, with no ability to access the rights and responsibilities of state-sanctioned marriage. But within just half an hour in front of a judge, well, then we could totally get married just like any other heterosexual couple. Same two people, same relationship, same genetic hardware—but now we could be official. (And just for FYI’s sake, the Marriage Loophole usually works in the other direction as well, depending on the state. If one member of a married heterosexual couple transitions genders, that couple is allowed to remain legally married even though they will appear to the world as a gay or lesbian couple because their marriage was legal at the time it took place.)

The Timeline, Part 3 :  wedding legal relationships san francisco Wedding01 Wedding01

image via Wikipedia

Having the power to choose whether or not to make our union legal is something I’d never dreamed of and it really made me evaluate my thoughts and feelings about marriage—what it means, what its purpose is, and how I feel about accessing it. Because I’ve stood on the other side of that marriage dividing line I can honestly say there is enormous privilege in being able to make that choice (something I’d assumed before, but hadn’t felt firsthand until recently). That’s a bigger topic deserving of its own post, though. For now I’m concentrating on a post answering your remaining questions before I get back to the nitty gritties of our of our wedding planning process.

Did you know about the Marriage Loophole? If you’re a person who has access to legal marriage, would you ever consider having a ceremony without necessarily making it legal?

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41 Responses to “The Timeline, Part 3”

1 2 3 

1.
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Bee
Miss Candy Apple (message)  1,465 posts, Bumble bee

Heh, I love that balloon. Perfect! :)

Honestly, I had never even thought of a loophole like that. Really interesting to think about - I imagine that was a huge idea for you to get used to! Really cool, though. Thank you, as always, for sharing your thoughts and experiences with this process, FW.

 
2.
souliganprincess
Member
souliganprincess (message)  537 posts, Busy bee

That BALLOON is way too cute!!!

 
3.
bree72
Member
bree72 (message)  2,086 posts, Buzzing bee

Thank you for explaining this! I was really interested how this works and if you could actually legally change your gender. Very neat.

And I love the balloon!

 
4.
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Bee
Miss High Wire (message)  754 posts, Busy bee

Wow I didn’t even think about the legal stuff involved in all of this. What a whirlwind!

 
5.
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Member
Lizziemom (message)  42 posts, Newbee

I know a heterosexual couple who recently had a commitment ceremony (not LEGAL marriage). They didn’t do it to take or make a moral stand, i.e. if all people can’t get married we won’t. They just said that they didn’t feel their relationship needed to be defined by the government. Let me also note that they aren’t anti-establishment type people either….I think it may have more to do with their parents’ divorces.

Your posts have been very informative and honest. Thanks for opening up. I think it is wonderful that you have been able to move through this process together and remain strong and committed to each other.

 
6.
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Miss Pony (message)  4,171 posts, Honey bee

We did some writing/research about the marriage loophole in law school for my legal writing class, but it is so interesting to hear a firsthand account and to see the impact this has on a real couple. Thank you for sharing!

 
7.
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Member
Starrynight1707 (message)  3 posts, Wannabee

I did know about the marriage loop hole. I remember seeing a documentary about a married man and woman and he became a woman, but they are still legally married.

The balloon is too cute! Thank you for sharing your story.

 
8.
KCheer
Member
KCheer (message)  370 posts, Helper bee

Very interesting, as usual! Thanks for sharing!

 
9.
vintagemodernbride
Member
vintagemodernbride (message)  316 posts, Helper bee

wow this is honestly so interesting and eye opening to me. thanks for continuing to explain this process to all of us!

 
10.
Mrs. French Bulldog
Bee
Mrs. French Bulldog (message)  7,730 posts, Bee Keeper

I really had no idea about the marriage loophole, or really any of the steps involved in Mr FW’s change. Again, I really appreciate you sharing this so openly and honestly :)

 
11.
Crabbabs
Member
Crabbabs (message)  695 posts, Busy bee

Thanks again for all your openness and honesty! I remember discussing this “marriage loophole” with a friend (we were in Missouri at the time). *Now I have no idea where she got this information or even if it is correct*, but she said that a person that had legally transitioned from female to male (or vice-versa) could not get married to anyone (male or female) because legally the person is one gender, but “genetic-hardware”-wise they are the other. So apparently, they could be “considered” in a homosexual relationship one way or the other, which prevented them from getting married.

I’m very glad to hear this is not the case for you and Mr. FW.

 
12.
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Member
lsabic (message)  30 posts, Newbee

That’s really interesting. I always wondered how things went after a person decided to do a full gender change. You’re a great person for sharing this with all of us. As hard as it must have been, I’m glad to see that it has worked out between you and Mr. FW. You guys have a wonderful life ahead of you!

 
13.
BrianneG
Member
BrianneG (message)  938 posts, Busy bee

I just read about Texas trying to close the marriage loophole. Fortunately, you live in California which I’m sure will even have same-sex marriage again. My manager and her partner got married during the short span when it was legal here. But, thanks to DOMA it just means that they have to file more tax papers because the federal government doesn’t consider them married while California does. I wish we could just separate governmental marriage from church marriage like they do in other countries.

 
14.
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Member
Falcon (message)  96 posts, Worker bee

I really didn’t know about the marriage loophole but it makes sense! I really appreciate you being so open about everything, it is very interesting to read about and I look forward to reading more!

 
15.
Miss Seal
Bee
Miss Seal (message)  1,179 posts, Bumble bee

That balloon pic is adorable :) I *love* the loophole because it means you and Mr. FW have a choice—however, I wish there was no need for a loophole in the first place…ya feel me?! You should have had that choice already! ANYHOO, I digress. Yay for options. :D

 
16.
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Bee
Miss Hyena (message)  1,881 posts, Buzzing bee

Wow, Mr. FW’s transformation is unbelievable. If you’d just shown those two pics without any of the story, i would have never guessed he was trans.
That said, I’m very glad you’re willing to share your journey with us. <3

 
17.
jedeve
Member
jedeve (message)  1,068 posts, Bumble bee

Interesting about the loophole. It seems like that should just be extended to all people if the state recognizes that genetics don’t make one couple better than the other. Is appearance really what we care about?

 
18.
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Member
Miss Jenniefart (message)  63 posts, Worker bee

I’ve never even thought about not having the option to get married. It was made legal for everyone here in NZ a while ago, and I think the loophole sounds crazy! Thanks for sharing the process with us, I have being following with interest.

 
19.
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lisamarieloves (message)  446 posts, Helper bee

I have totally considered having a religious wedding ceremony without actually making my marriage legal. The legal aspect of a marriage seems to reduce such a union to a nothing more than a business transaction. Blah. Its the public commitment before family and friends - as well as the celebration (!) - that I think matters most. But I am happy that you found a loophole that makes you happy!

 
20.
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Member
mkpw (message)  47 posts, Newbee

Congratulations to Mr. FW! Our situation is very different, but since it speaks to the difference between the commitment ceremony and the legal aspect, and because I am really trying not to get any work done today (lol), I thought I’d share :)

Immigration issues forced our hand with marriage. We loved each other, but we wanted to be like most modern couples - living together (or at least in the same country!) for a while before deciding if marriage was for us. Unfortunately, if the government is going to let someone come here to stay, they want commitment.

We didn’t take the decision lightly — we needed what we were doing to make sense. Eventually, the conclusion that we came to was that there’s a big difference between the legal aspect of marriage (operate as a household socially and financially, take legal responsibility for each other, designate each other as the next-in-command for any of our personal affairs, etc) and the family/personal commitment you make to each other in front of your loved ones. For us, the important thing was the latter - the interpersonal/family commitment you make to stick it out in good times and bad, the sentimental/personal commitment aspect more than an acceptance of the terms contained in the legal definition.

Well, two years and some later, I can say that I’ve been legally married but we are still weeks away from the family ceremony. And although we thought it would take the social commitment to “feel married”, we were so wrong about that. The reality is that outside of the tax perks, it’s a big deal to be able to call someone your husband or wife. It’s huge to be legally entitled to be the one person to see your spouse when they’re in the hospital and everyone wants to see them, to be able to call his or her doctor and make the follow-up appointment, to have a word that corresponds to a legal term that means that you are the one person in the whole universe whom your beloved calls their most trusted person. I would not have married E when I did if I didn’t trust him completely to make good judgments if I were on life support or God forbid, died and he took over everything I own. I knew even then that he would do a better job than even my mother of doing what I would have wanted, and to me, that means he deserves the title that gives him that responsibility. We’ve been through a lot together over the last couple years — in hospitals, customs conflicts stateside and in honduras, USCIS offices…and i have to say that for only being two measly syllables, “husband” is a powerful word. It’s a ticket to being able to sweat it out together, hand in hand, instead of waiting in the lobby.

This is why I feel like the civil union concept really doesn’t cut it when people crusade against gay marriage. Outside of the fact that we could maybe stand to have better, more precise terminology (and all have civil unions that are exactly what marriage is now, minus any church component), there’s something about making it legal and gaining a title that really means a lot for your relationship.

I’m glad that (if only through a loophole, weird) you two have the option to decide whether it’s for you or not. I really wish that were a right that everybody had, because from where I stand, it’s about a lot more than “just a piece of paper”, as lots of people who choose not to get married say. I totally respect peoples’ decision to have only a civil ceremony (even if I don’t totally get it in most cases), but for us, it has turned out to mean a lot more than we ever really figured it would.

 
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Ms. Ferris Wheel
Ms. Ferris Wheel

Ms. Ferris Wheel, San Francisco Age and Occupation: 29, Psychologist Fiance's Age and Occupation: 27, Psychologist Engagement Date: May 23 and 28, 2010 (one for each of us!) Wedding Date: November 2011 Venue: Parc55 Hotel (city lights ceremony, ballroom reception) About Me: Born in the Southeast, educated in the Northeast, and over-educated on the West Coast, I finally earned my city-girl credentials and have put down roots in gorgeous San Francisco. I’m a raging perfectionist with a lightning quick wit and a terrible sense of both time and direction. Our wedding task list is endlessly growing because of my predilection to think that DIY projects I can make = DIY projects I should make (so not true!). I always go to bed wishing there were more hours in the day to enjoy all the things I adore, whether that be hobbies, friends, my career, our two dogs, or Mr. Ferris Wheel. Ours is a story of a non-traditional couple living an oddly traditional life planning a not-so-traditional wedding in this city we adore. Together we are bustin’ out all of our best skills (and some of our worst ones) to plan a laid-back-chic DIY-craftastic love-alicious affair!

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