Thought Experiment

Ken AshfordConstitution, Sex/Morality/Family ValuesLeave a Comment

On a particular listserv I follow, the following wonderful questions were posed:

(1) Is it fair to say that all single adults have a fundamental right to marry?
(2) If so, do biologically transgendered folks (those that have mixed genders — not those that opt to surgically or hormonally change their gender) have a right to marry?
(3) If so, which gender can they marry under a legal regime allowing marriage only between persons of opposite genders?
(4) Would they be legally required to choose a gender and undergo (if medically possible) surgery or hormonal therapy to change their gender in order to marry?

Because the listserv is "private", I will not identify the author — I will say only that he is president of an international human rights organization. His concern — obviously — is not about the right of "transgendered folks" to marry, nor is he attempting to make an analogy. But I think the answers to his questions help frame the debate on the FMA, and might cause some to reconsider what "marriage" supposedly is, and how we as a society define it.