Apparently Attorney General Greg Abbott is so busy suing the federal government that he can't be bothered to answer questions about Texas law from practicing attorneys in Texas which one might think is, you know, his job.
But either way, those of us who work in sex education and as allies and advocates for LGBTQ rights are often vexed by the questions that can bubble up around sex reassignment surgery, like if a bio-man is reassigned to female, could he marry another man as a woman? Or could he marry a woman, as a man?
Just such a case came up in El Paso County this year when a born-male transwoman requested a marriage license to marry her female partner by presenting her birth certificate, which said, of course, that she was male but presented a driver's license that said she was female. The County District Attorney wrote to Abbott for guidance, and was rebuffed pending another lawsuit in the state trying to answer the same question.
So...if a person meets the legal criteria for a marriage license, it would seem to me that they ought to be given the license. Even if they have documents that certify that they're either (or both) male or female, if the County is supposed to grant a license based on supporting documents, I don't see how they can turn down this woman's request.