Because the state prohibits same-sex marriages, Terry and Winstanley's bid for a quick Milwaukee County Courthouse wedding last week was derailed until a hearing could be convened to investigate, even though County Clerk Mark Ryan accepted their marriage-license application as valid.If you read the article at the link you may be influenced by the fact that Terry served a prison sentence for raping a woman and was denied a request to transfer to a woman's prison. You may also want to take into account that various courts have decided that it's the sex recorded on the birth certificate that counts. And according to lawprof Arthur S. Leonard the "transsexual legal movement" would celebrate if the court decided that Terry couldn't marry, because they want legal recognition for the reassigned sex.
"They came in and applied just like anyone else would," said Ryan, who accepted the application after the couple paid the regular $100 fee and swore they were eligible to marry under state law.
Ryan said that Terry was able to produce a birth certificate listing the name Ronald and the gender as male. However, staff in his office thought the couple appeared to be two women - and noticed that Terry had to start over in filling out the form.
On the first try, Terry had written "Barbara Lynn Terry" where the form says "Bride."
UPDATE: The judge decides Terry is a man and can therefore marry a woman.