# Laws against same-sex marriage--who checks? **URL:** \ **Category:** Factual Questions\ **Created:** [April 8, 2009, 11:43am UTC](https://boards.straightdope.com/t/laws-against-same-sex-marriage-who-checks/492381 "2009-04-08T11:43:46Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [April 8, 2009, 11:43am UTC](https://boards.straightdope.com/t/laws-against-same-sex-marriage-who-checks/492381/1 "2009-04-08T11:43:46Z")
In states that don’t recognize same-sex marriage, how do they know, from a legal standpoint? When I got married in Maryland, nobody even asked me my sex and I certainly did not have to submit to an exam to verify my sex. What’s to prevent one member of a same-sex couple from simply stating that they are of the opposite sex? On the same tack, what about situations where due to a hormone imbalance before birth, a person who appears to be a woman is genetically a man? Or someone who has had a sex change operation? How do states that care classify the sex of a person? ---
**Author:** ![Johanna](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johanna/32/8318_2.png) [@Johanna](https://boards.straightdope.com/u/Johanna)\ **Post date:** [April 8, 2009, 12:06pm UTC](https://boards.straightdope.com/t/laws-against-same-sex-marriage-who-checks/492381/2 "2009-04-08T12:06:45Z")
Anyone who’s had sex reassignment surgery will get their gender designation changed on their driver’s license, Social Security, passport, and any other ID or agency that has a field for gender in their database. ---
**Author:** ![One\_And\_Only\_Wanderers](https://avatars.discourse-cdn.com/v4/letter/o/838e76/32.png) [@One\_And\_Only\_Wanderers](https://boards.straightdope.com/u/One_And_Only_Wanderers)\ **Post date:** [April 8, 2009, 12:16pm UTC](https://boards.straightdope.com/t/laws-against-same-sex-marriage-who-checks/492381/3 "2009-04-08T12:16:33Z")
> [@CookingWithGas](#): > > In states that don’t recognize same-sex marriage, how do they know, from a legal standpoint? When I got married in Maryland, nobody even asked me my sex and I certainly did not have to submit to an exam to verify my sex. > > What’s to prevent one member of a same-sex couple from simply stating that they are of the opposite sex? > > On the same tack, what about situations where due to a hormone imbalance before birth, a person who appears to be a woman is genetically a man? Or someone who has had a sex change operation? How do states that care classify the sex of a person? They can state what they like. It still wouldn’t be a valid marriage would it? I presume just making it through the ceremony wouldn’t swing it if you don’t meet the pre-reqs. ---
**Author:** ![Kalhoun](https://avatars.discourse-cdn.com/v4/letter/k/3bc359/32.png) [@Kalhoun](https://boards.straightdope.com/u/Kalhoun)\ **Post date:** [April 8, 2009, 12:37pm UTC](https://boards.straightdope.com/t/laws-against-same-sex-marriage-who-checks/492381/4 "2009-04-08T12:37:08Z")
Actually, I don’t recall for sure, but I think we had to show ID at the Vegas licensing window. I’m sure no one is asked to produce more (or less) than that. ---
**Author:** ![suranyi](https://avatars.discourse-cdn.com/v4/letter/s/e36b37/32.png) [@suranyi](https://boards.straightdope.com/u/suranyi)\ **Post date:** [April 8, 2009, 3:18pm UTC](https://boards.straightdope.com/t/laws-against-same-sex-marriage-who-checks/492381/5 "2009-04-08T15:18:53Z")
> [@Kalhoun](#): > > Actually, I don’t recall for sure, but I think we had to show ID at the Vegas licensing window. I’m sure no one is asked to produce more (or less) than that. In California (before any of the current ado) we both had to show our ID to the clerk in order to be issued our marriage license. The ID indicated male or female. I’m sure that you can get around this if you really want to, but in general, yes they do check. Ed ---
**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\ **Post date:** [April 8, 2009, 3:19pm UTC](https://boards.straightdope.com/t/laws-against-same-sex-marriage-who-checks/492381/6 "2009-04-08T15:19:39Z")
And to the OP question, true, there is no “test of sex” right off the bat, but a marriage entered in a way contrary to law would be null, regardess of completion of the ceremony. At the very least, the person officiating is supposed to refuse to officialize it if it’s evident to him/her the parties are \*prima facie \*ineligible. Pretty likely that in most jurisdictions, marrying while pretending to be someone you are not, because the real you is legally ineligible to enter that marriage, is grounds for annulment. In practice, that would only come up if the spouses ever wish to claim any of the legal rights pertaining to civil marriage. > [@Johanna](#): > > Anyone who’s had sex reassignment surgery will get their gender designation changed on their driver’s license, Social Security, passport, and any other ID or agency that has a field for gender in their database. IIRC that varies from jurisdiction to jurisdiction. ---
**Author:** ![Johanna](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johanna/32/8318_2.png) [@Johanna](https://boards.straightdope.com/u/Johanna)\ **Post date:** [April 8, 2009, 5:44pm UTC](https://boards.straightdope.com/t/laws-against-same-sex-marriage-who-checks/492381/7 "2009-04-08T17:44:25Z")
In some places, like California, you can get your gender designation changed without having had sex reassignment surgery (SRS). There are other procedures to follow to get it done. But my statement still stands, anyone who _has_ had it done, anywhere, will get their ID changed.