Richard Wade here.
(Not exactly atheist-related.)
All the news about same-sex marriage making headway in more states got me thinking. Maybe some of the legal eagles out there could answer this hypothetical question, or maybe someone knows of some actual related case, or anybody who has seen how fairness and law sometimes mesh and sometimes collide can share their thoughts. I think this may eventually happen if it hasn’t already:
Imagine a state that has overtly banned same-sex marriage, and has declared with a state constitutional amendment that marriage can only be between a man and a woman, as in (with my deep embarrassment) my beloved state of California. Now suppose that after that amendment, a man and a woman get married there, and some time after their marriage, by mutual agreement one of them gets a sex change. That person is now as much the same sex as their spouse as medical science can achieve. They want to remain married. Is their marriage still valid?