Beatie v. Beatie
235 Ariz. 427
Ariz. Ct. App.2014Background
- Thomas Beatie, born female, underwent gender transition and amended birth certificate to male in Hawaii.
- Thomas and Nancy Beatie married in Hawaii in 2003 under a regime that allowed only male-female marriages at the time.
- Thomas later bore three children; Nancy adopted them, with birth certificates listing Nancy as mother and Thomas as father.
- The Beaties relocated to Oregon and later Arizona, continuing to present themselves as husband and wife.
- Arizona family court dismissed dissolution petition, concluding Arizona would not recognize the marriage due to gender/non-procreative issues.
- Arizona Court of Appeals reversed, holding Hawaii birth certificate amendment is recognized in Arizona and the marriage is valid for purposes of dissolution under Arizona law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arizona must recognize Thomas’s Hawaii birth certificate amendment | Beaties: Hawaii amendment valid; Arizona must honor it | Beaties: Arizona law requires strict readings; marriage validity questioned | Yes; Arizona must recognize the amended Hawaii birth certificate |
| Whether the Beaties’ Hawaii marriage is valid in Arizona for dissolution | Marriage valid where contracted; Full Faith and Credit applies | Arizona prohibits same-sex marriages; threatened jurisdictional issues | Yes; marriage valid in Arizona under Full Faith and Credit; court may proceed with dissolution |
| Whether Arizona has subject matter jurisdiction to dissolve a valid out-of-state marriage | Out-of-state marriage recognized; state interest supports dissolution | Arizona Constitution limits to one-man/one-woman marriages; jurisdiction lacking | Court has subject matter jurisdiction to enter dissolution decree |
Key Cases Cited
- In re Wetzel, 143 Ariz. 35 (Ariz. 1984) (unsworn statements insufficient; affidavits required for certain findings)
- State v. Guthrie, 108 Ariz. 280 (Ariz. 1972) (unsworn statements; importance of sworn affidavits)
- Auto-Owners Ins. Co. v. White, 231 Ariz. 337 (Ariz. 2013) (public officers presumed to perform duties correctly)