Judge Douglas Gerlach, who presided over the case, said that Thomas had not provided adequate evidence to prove he was a man at the time he got married to Nancy. The lack of sufficient evidence to prove his gender at the time of his marriage means the marriage was never valid. Among the judge’s complaints were that Thomas had not disclosed precisely what measures he had or had not taken to become a man and additionally that Thomas had suspended hormone treatments in order to get pregnant. The couple were married in Hawaii in 2003 but filed for divorce in Arizona — a state that does not legally recognize gay marriage.

Gerlach wrote, “Parties have failed to show that the word ‘man’ in the state constitution means anything different from its plain, ordinary meaning, which by any generally accepted definition or reputable dictionary excludes people capable of giving birth.” The ruling would mean that Thomas would not have to pay his spouse alimony; however, Thomas has said that paying alimony wouldn’t bother him as long as it would legitimatize his marriage.

Angered by the judge’s ruling, Thomas expressed his discontent to reporters. “This obviously is not Beatie versus Beatie,” he said. “This is the state of Arizona versus transgender people, human reproductive rights and fairness under law.” Thomas attributed the judge’s ruling to Arizona’s rejection of transgender people. He cited a recent state proposal to protect businesses from being sued if they prohibit patrons from using restrooms that don’t accord with the sex on their birth certificate. David Cantor, the attorney representing Thomas, said that the ruling was frustrating for his client and especially for his girlfriend, Amber Nicholas, who appeared with him as he spoke to reporters. “She doesn’t want to be dating a married man,” Cantor said. ”If they [Thomas and Amber] get married, this judge would call it a same-sεx marriage not acknowledging Thomas as a man,” Cantor added. “Hawaii regards Thomas as still being married.”

Nancy Beatie’s attorney, David Higgins, told reporters that if Thomas appealed the judge’s decision, his client would likely join him. “Obviously, she is very disappointed the judge did not find the marriage to be valid,” Higgins said. “She understood herself to be married, believed Thomas to be a man, and we will probably join Thomas in moving forward with an appeal in that regard.” Cantor said that Thomas plans to appeal the ruling and will decide by Friday whether or not to take his case to Arizona’s State Court of Appeals or the State Supreme Court.

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