Exclusion From Marriage Laws: Impacting Trans Families Worldwide
Exclusion from marriage laws has far-reaching consequences for transgender individuals, their partners, and children. This is especially true in countries where same-sex marriage is illegal or unrecognized. For transgender couples who identify as heterosexual, it means that they cannot marry each other legally, even if they are living together and raising children. It also means that they cannot obtain joint custody arrangements or visitation rights to see their partner's children. In addition, some states do not recognize non-binary genders, which can make it difficult for non-binary individuals to register their marriages.
Exclusionary laws also impact the well-being of transgender families by denying them access to health care benefits, Social Security survivorship protections, tax exemptions, inheritance rights, and other legal protections available to married couples.
Transgender Couples Living Together
Transgender people often face discrimination in various areas of life, including housing, employment, education, and public accommodations.
When it comes to marriage, many transgender individuals choose to live together with a partner without getting married due to fear of discrimination or rejection by family members and friends. According to a study published in the Journal of GLBT Family Studies, more than half of all transgender adults have lived with a romantic partner at some point in their lives. 65% of those surveyed stated that they were either currently in a relationship or had been in one before. Despite this, only 29% of respondents said that their current or past partner was aware of their gender identity. This suggests that there may be significant social stigma associated with being openly transgender, particularly regarding marriage.
Non-Binary Gender Identities
In many countries around the world, transgender people who identify as neither male nor female are not recognized legally.
In India, non-binary individuals cannot change their gender on government documents such as passports, driving licenses, and bank accounts. This can make it difficult for them to marry someone who identifies as cisgender (someone whose gender identity matches their sex assigned at birth) because they must first obtain official identification with their chosen gender marker. In some cases, they may also need to undergo genital surgery to meet the requirements for legal recognition.
Legal Protections Denied
When transgender families are denied access to marriage rights, they miss out on several crucial protections available to married couples.
If one spouse dies, the surviving spouse is usually entitled to inherit property and receive Social Security benefits.
Without a valid marriage certificate, transgender individuals cannot qualify for these benefits. Similarly, when partners separate, they may struggle to get custody of children or visitation rights unless they can prove that they have an established relationship.
Joint ownership of property or assets becomes complicated without a formal marriage contract. These issues can lead to financial instability and emotional distress for transgender families.
Impact On Children
Transgender parents face unique challenges raising children due to societal discrimination against their gender identity. According to a report by the Williams Institute, 28% of transgender adults are parents, and nearly half of those parents are raising children who do not identify as their biological parent's gender. Without marriage laws that recognize non-biological parents, they risk losing custody or visitation rights if their relationships end. Moreover, in many states, they cannot add their names to the birth certificates of their children without going through costly and time-consuming court proceedings. This can make it difficult to enroll their kids in school, obtain medical care, or travel internationally.
Exclusion from marriage laws has far-reaching consequences for transgender families worldwide. Transgender individuals may choose to live together with a partner without getting married because of fear of rejection or social stigma. Non-binary identities are not legally recognized in some countries, making it difficult to change official documents.
Transgender couples miss out on important legal protections available to married couples, such as inheritance rights and survivorship benefits. These issues have severe implications for the well-being of transgender families, particularly when it comes to childcare.
How does exclusion from marriage laws affect trans families worldwide?
Exclusion of trans people from marriage laws has led to an increased risk of poverty, social isolation, and mental health issues for their families all over the world. In some countries, transgender individuals are not allowed to marry or even register as partners with non-transgender individuals legally, while others only allow them to do so after undergoing gender reassignment surgery that may be impossible or expensive.