What Makes a Man (or Woman) on a Marriage License?

In a state that bans same-sex marriage, it would seem to be easy to know who can legally marry. Texas county clerks will tell you it is not.

A two-year-old state law says a court order recognizing a sex or name change is acceptable for marriage license applicants. But a 1999 Texas appeals court ruling stipulates that, at least for purposes of marriage, medical procedures cannot change a person’s gender — you are what you were at birth, period.

This legislative session, politicians have punted on clarifying the issue. And that means that despite the state’s constitutional prohibition of ...

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