Thomas Beatie was born a woman and later underwent a double-mastectomy and began hormone therapy to become a man. But he retained female reproductive organs and gave birth to three children.
Maricopa County Family Court Judge Douglas Gerlach ruled last week that he has no jurisdiction to approve the divorce because Arizona doesn't recognize same-sex marriages and there isn't enough evidence that Beatie was a man when he married Nancy Beatie in Hawaii.
The judge said the Beaties never provided records to fully explain what Thomas Beatie had done to become a man and noted Beatie halted hormone treatments so he could remain capable of getting pregnant.
