Law Times

Page 20 April 15, 2013 Law Times • u The u Bizarre Briefs InsIde story By Viola James TRANSGENDER MAN TO FIGHT DIVORCE DENIAL PHOENIX, Ariz. — After sparking controversy over his decision to give birth, a transgender man faces yet another hurdle: getting a divorce. According to Reuters, a transgender man who made worldwide headlines after he married a woman and gave birth to three children will appeal an Arizona judge's ruling denying him a divorce from his wife of 10 years. Thomas Beatie, 39, was born a woman but began living as a man in his 20s, initiating hormone treatments, undergoing breast-removal surgery, and legally changing his name even though he kept his female reproductive organs. He married his wife Nancy in Hawaii in 2003, a year after his double mastectomy, and went on to bear three children conceived through artificial insemination, donor sperm, and his own eggs. The birth of his first child, a girl, took place at an Oregon hospital in July 2008. His second and third children followed in 2009 and 2010. Now an Arizona resident, Beatie filed for divorce last year, seeking dissolution of his marriage and hoping to wed his new girlfriend. Last month, Maricopa County Family Court Judge Douglas Gerlach ruled that Beatie had failed to prove that he was a man when wed in 2003 and thus was unable to show that he and his wife were a heterosexual couple. Because Arizona doesn't recognize same-sex marriages, Gerlach held that he couldn't grant Beatie a divorce. The judge approved a property and custody settlement for the couple, but Beatie said he was pressing ahead for a full-fledged divorce. Beatie said the divorce is vitally important to his children and any additional offspring he may have in the future. When Beatie filed for divorce last year, the judge questioned whether he had jurisdiction since Arizona only recognizes marriages between a man and a woman. In his long-awaited ruling, Gerlach said he lacked adequate information about whether Beatie was a transgender male when the marriage licence was originally issued in Hawaii. "Thus, it is not necessary to, and this order does not decide, whether Arizona law allows a person who was born a female to marry another female after first undergoing a sex change operation," the judge wrote. He added that equating a double mastectomy to a sex-change operation would be a problem under state law. TRUMP CALLS OFF APE TRIAL LOS ANGELES — A zoo-like trial among duelling celebrities is off the table as Donald Trump moves to withdraw his lawsuit against Bill Maher seeking the $5 million the comedian said he would give to charity if the real estate mogul could prove he wasn't the son of an orangutan. According to Reuters, the lawsuit stems from comments Maher made during an appearance on The Tonight Show in January in which he said an orangutan's fur was the only thing in nature that matches the shade of Trump's trademark hair. Records in Los Angeles Superior Court show the real estate mogul is seeking to withdraw the lawsuit without prejudice. His spokesman, Michael Cohen, said Trump plans to file an amended lawsuit. According to Reuters, Maher offered a $5-million donation to the charity of Trump's choice if Trump produced a birth certificate that proved he wasn't half ape. Last year during the presidential campaign, Trump offered to give $5 million to charity if President Barack Obama released his college records. In a letter to Maher before filing the lawsuit, Trump's lawyer wrote: "Attached hereto is a copy of Mr. Trump's birth certificate, demonstrating that he is the son of Fred Trump, not an orangutan." Legal experts said Trump was unlikely to succeed in his lawsuit because Maher's offer was obviously a joke and courts rarely enforce verbal contracts that are clearly satirical in nature. LT "A bribe? Good heavens, no! It's merely a humble campaign contribution to the governing party, a quaint folk tradition in my country." FIRST SCHLIFER AWARD RECIPIENT ANNOUNCED Human rights lawyer Leilani Farha is the recipient of the inaugural Spirit of Barbra Schlifer award. The award honours a woman who shows the same passion for justice shown by Barbra Schlifer, a young lawyer sexually assaulted and murdered in 1980 as she returned home from celebrating her call to the bar. Farha, executive director of Canada Without Poverty, is Leilani Farha a leading expert and advocate for women's social and economic rights, according to the Barbra Schlifer Commemorative Clinic that announced the award last week. "Literally thousands of women have Leilani to thank for having avoided both violence and homelessness," said Rita Morbia, executive director of Inter Pares. Farha will receive the award at the 19th annual Barbra Schlifer tribute on June 13 in Toronto. LAWYER, POLITICIAN, NEUROSURGEON DIES Tributes are pouring in for former Ontario cabinet minister, lawyer, and neurosurgeon Dr. Robert Elgie following his death at age 84. The Ontario Press Council, where Elgie had served as chairman in recent years, announced his death on April 3. "The Hon. Dr. Elgie spent his life serving the people of Ontario in so many capacities as a brain surgeon, hospital chief of staff, lawyer, cabinet minister, MPP, and head of commissions and a great number of volunteer organizations," the Ontario Press Council said in a press release. "He will be greatly missed by so many." The council didn't say what caused Elgie's death, but reports suggested he had suffered from congestive heart failure. Progressive Conservative Leader Tim Hudak said Elgie's death represents the loss of "a singularly accomplished public figure." "He was knowledgeable, quick-witted, and always willing to see the other person's point of view," said Hudak. "His vast array of talents made him a fascinating man and an unparalleled public servant," he added. Elgie served as MPP for the Toronto riding of York East from 1977-85. Ontario Green Party Leader Mike Schreiner also paid tribute to Elgie. "Dr. Elgie represented a bygone era in Ontario politics. He promoted the politics of co-operation, decorum, and non-partisanship. Although he served as a Progressive Conservative, he was kind enough to open his home to me in 2011. He told me that Ontario was a better place with diverse voices offering new ideas." CHANGES AT LAW MANAGEMENT GROUP Dentons Canada LLP's Janice Rooney is the new president of the Law Office Management Association's 2013 board of directors. Rooney will be replacing past president Karen Gerhardt, who will now serve on the board as a member. The association also announced Fogler Rubinoff LLP's Karen Schrempf will serve as vice president. The association is a not-forprofit organization for legal management professionals with members from more than 225 law firms throughout Ontario. POLL RESULTS The results of the latest Law Times online poll are in. According to the poll, 70 per cent of respondents believe Quebec authorities should have to provide Ontario courts with presentence reports in English. The poll followed an April 1 Law Times story about two Ontario judges' concerns with the quality, timeliness, and language issues with reports coming from Quebec. LT The title insurer that puts you front row, centre Putting the legal community front and centre has made us the #1 choice with Canadian lawyers for over a decade. Stewart Title does not support programs that reduce or eliminate the lawyer's role in real estate transactions. For more information call (888) 667-5151 or visit www.stewart.ca. Untitled-2 1 www.lawtimesnews.com 7/19/11 12:31:45 PM

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