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Somewhat of A Same Sex Couple Allowed To Marry In Texas

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Filed: AOS (pnd) Country: Canada

EL PASO, Texas (AP) ― Can a person born a man but who is now a woman marry another woman?

Sabrina J. Hill and her longtime girlfriend, Therese "Tee" Bur, were legally married Monday in San Antonio after being unable to get a marriage license in El Paso.

"It's a weight lifted," Hill said Tuesday in a telephone interview. "Now the federal government and state government recognize our love."

The marriage of two women from rural Hudspeth County has put a spotlight on Texas laws and has El Paso County Attorney Jo Anne Bernal asking the state attorney general for clarification.

Hill, 60, was born with both male and female organs and is listed as a man in her birth certificate. But her current identification has her as a woman.

The Texas Constitution defines marriage as between one man and one woman.

According to documents, Hill was born Virgil Eugene Hill Jr. in New York state.

After a medical procedure as an infant, Hill grew up as boy and as a man served in the U.S. Army. She said she always felt something was different. "I knew what I looked like and what I was, was not the same," Hill said.

Around the age of 28, a medical exam found that Hill had ovaries. She eventually had a sex-change surgery, and she legally became Sabrina Jeanne Hill in 1991.

About 17 years ago, Hill and Bur met and have since considered themselves to be married, even if it not legally.

"I found God doesn't make mistakes," Bur said. "We don't always understand why (Hill) is different, but she is a child of God." It wasn't until Hill attempted to get veteran medical benefits for Bur as a spouse that the couple decided to get married. In February, they applied for a marriage license in El Paso.

"No one in El Paso was ever rude to us," Bur, 52, said. "They were always supportive. They just felt they didn't have the authority to deal with it."

Last month, Bernal filed a request asking Attorney General Greg Abbott to decide whether Hill is a man based on the birth certificate or if Hill is a woman based on the name-change documents and on a driver's license.

"A request for the opinion is not necessarily just on this case but it's about how to apply the law," said Elhiu Dominguez, spokesman for the county attorney. "The information on this case contradicted each other. Basically, we are asking the attorney general if there is a document that is more important than the other ones."

Bexar County Clerk Gerard C. "Gerry" Rickhoff said the marriage license was granted based on Hill's birth certificate.

Rickhoff said Bexar County's decision is based on the Littleton vs. Prange court case out of San Antonio in 1999.

In that case, Christie Lee Littleton (born Lee Cavazos before a sex change) was married for seven years until the death of her husband, Jonathan Mark Littleton. Christie Lee Littleton filed a wrongful-death lawsuit against a doctor. A judge ruled against the lawsuit, deciding that Littleton, based on the original birth certificate, was a male and therefore could not be the spouse of another man.

Rickhoff said his office approves marriage licenses to same-sex couples, depending on their birth certificate, about once or twice each year.

"As I recall, he (the judge) said you are what you are at your birth," Rickhoff said. "I don't care what they appear to me or what manner of dress. We are familiar with them, and they are well received when they come to our office."

Hill and Bur never intended to make a social statement or seek publicity but are now receiving interview requests from as far away as England.

"It did strike me. We have been living so covertly, being careful not to express public displays of affection, and then we were standing in front of a judge saying, 'You may now kiss your bride,'" Bur said. "A public display of affection -- it is so validating."



The Great Canadian to Texas Transfer Timeline:

2/22/2010 - I-129F Packet Mailed

2/24/2010 - Packet Delivered to VSC

2/26/2010 - VSC Cashed Filing Fee

3/04/2010 - NOA1 Received!

8/14/2010 - Touched!

10/04/2010 - NOA2 Received!

10/25/2010 - Packet 3 Received!

02/07/2011 - Medical!

03/15/2011 - Interview in Montreal! - Approved!!!

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Filed: AOS (apr) Country: Scotland

The question is at the age of 60, was he genetically tested at birth ( I doubt it) to find out genetically what sex he was? The tests could still be run to find out is someone is a male or female based on genetic material.

Still, I think it's awesome they found a way around the system!

"You don't marry someone you can live with, you marry the person you can't live without."

Mailed K-1 on 2-6-10

USCIS received packet on 2-8-10

NOA 1: Received 2-16-10

NOA 2: Approved 4-29-10 (72 Days)

NVC Forwarded Petition to London- 5-6-10

NVC Letter Received: 5-7-1010

London Received Packet: 5-14-10

London Mailed Packet to Rob: 5-18-10

Packet 3 Received by Rob: 5-22-2010

Packet 3 paperwork mailed to Rob 6-12-10

Medical- July 8, 2010

Everything mailed to Embassy 7-19-10

Interview Date: 9-14-10- Approved pending non-machine washed replacement passport.

Entry to US- 10-6-10 POE- Newark

Wedding- 10-23-10


Mailed AOS paperwork to the Chicago lockbox 1-7-11

Delivery Notification 1-10-11

Text stating application was received 1-20-11

Check Cashed 1-21-11

NOA 1 received 1-22-11

Biometrics letter received 1-29--11

Biometrics appointment 2-24-11

Received notice- I-485 has been transferred to the California Service Center 2-9-11.

3-11-11 - EAD production ordered

3-19-11- EAD Received

3-31-2011- AOS approved without interview

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The question is at the age of 60, was he genetically tested at birth ( I doubt it) to find out genetically what sex he was? The tests could still be run to find out is someone is a male or female based on genetic material.

Still, I think it's awesome they found a way around the system!

Actually hermaphrodites are genetic mosaics - some cells are XX and some are XY, so a DNA test would not prove much in this case.

Mark and Gladys!


Together in Love Forever!

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Filed: IR-1/CR-1 Visa Country: Thailand


USCIS : 104 Days

10-30-2009 : I-130 and Documents Sent

11-06-2009 : NOA1

02-18-2010 : NOA2

NVC : 66 Days

02-24-2010 : Case Number Assigned

02-25-2010 : E-Mails Given to NVC Operator

02-26-2010 : DS-3032 Sent by E-Mail

03-02-2010 : Received DS-3032 and AOS Bill

03-02-2010 : DS-3032 Accepted

03-02-2010 : Pay AOS and IV Bill Online

03-04-2010 : AOS Shows PAID

03-08-2010 : IV Bill Shows PAID

03-09-2010 : AOS and Documents Sent

03-09-2010 : Receive IV Bill

03-19-2010 : DS-230 and Documents Sent

03-24-2010 : False RFE for DS-230; Confirmed AOS Reviewed and No Missing Information Found

04-02-2010 : Sign-In Failed. Thank you, Lord!

04-05-2010 : Case Completed at NVC

04-15-2010 : Majorly Unhappy with NVC

04-30-2010 : Interview Date Assigned

Embassy :

05-06-2010 : Medical Exam

06-08-2010 : Interview Date -- Approved! Experience and Review

06-18-2010 : Visa Received

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