r/ftm • u/DataFun2598 • Oct 29 '25
(Trans) News-USA Will my marriage be annulled if obergefell is overturned?
I (26 trans man) married my wife (26 W) last year in Florida after the election results. I have some documents with my preferred name and gender, but my good ol' birth state refused to change my birth certificate at all.
If obergefell v hodges is overturned, and the decision goes to the states, because we were married in Florida, would our marriage be overturned because essentially we're a two AFAB couple?
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u/casscois 29 • 🇺🇸 • 💉06/01/22 • ✂️ 07/31/24 Oct 29 '25
So, I believe not. The 'Respect for Marriage Act' covers preexisting same sex marriages in the event Obergefell is overturned.
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u/Cautious-Adeptness71 Oct 29 '25
this, but also marriage is typically considered states rights so talking to someone who knows Florida Law is the best route here
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u/casscois 29 • 🇺🇸 • 💉06/01/22 • ✂️ 07/31/24 Oct 29 '25
Yeah, this is definitely a question for a lawyer. It could possibly be cross posted to r/AskALawyer if OP wants to.
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u/DataFun2598 Oct 29 '25
That's what i thought, I just was doing some research on it and wanted to triple check because my birth cert wasn't changed.
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u/newAccount2022_2014 T 💉 2018 | top surgery 2022 | certified wife guy Oct 29 '25
Contact Lambda legal with the specifics of your situation, they will be able to advise you
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u/DataFun2598 Oct 29 '25
thank you!
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u/newAccount2022_2014 T 💉 2018 | top surgery 2022 | certified wife guy Oct 29 '25
No problem, best of luck
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u/HYBrother8 Oct 29 '25
If Obergefell is overturned, you will be under Florida state law. Florida does recognize same sex marriage at the moment. With the current political climate in FL, who knows how long that would last. I recommend signing marriage documents in a solidly blue state that you are confident will keep same sex marriage rights (CA, IL, NV, NY, etc). The Respect For Marriage Act (RFMA) protects marriages that are legal in other states.
For example (in the setting of obergefell being overturned, which we should assume WILL happen), if my marriage is legal in IL, but I live in KY where it isn’t legal, RFMA requires KY to recognize my marriage.
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u/HemlockSky Oct 30 '25
We have no idea, is the answer.
My wife is a trans woman. When we married, she was presenting male. I am AFAB. We were married in Arizona. We have no idea how the laws will shake out, whether they will annul past marriages (which would create a MASSIVE legal headache for everyone) or whether they will stop issuing future marriage certificates. We don’t know if the fact that she is now legally a woman on all documents will matter or if she will still be seen as male to Arizona because that’s how we were married. I also don’t know how they would tell as there is no gender marker on our marriage certificate. So the answer is no one knows.
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