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Phoenix, Arizona (CNN) - He became famous as the "pregnant man". Now, Thomas Beatie wants a divorce, but a judge won't give it to him. Beatie, along with his attorney sat down with reporters a day after a judge denied a divorce between him and his wife Nancy.
Thomas started life as a woman and had three children, but has been living as a man since the late '90s.
His wife of more than a decade, Nancy, legally adopted the kids.
Now, the two want to ditch the marriage and have the court decide who will keep the children, but a judge is denying the marriage was ever legal in Arizona.
We have received Judge Gerlach's ruling, we are going to appeal this ruling. We are not going to stand for this.
We will be fighting this all the way up and we plan on winning this case.
(Thomas) Well it's very clear that Nancy and I are agreeing on getting a divorce so we can move on with our lives. It's obviously not Beatie vs. Beatie here. This is the state of Arizona versus transgender people, human reproductive rights and fairness under the law. Um, I take this ruling very personally, this is a decision against my person, my identity and my family. It's sad and disappointing that judge Gerlach is focusing on trying to illegitimize my children rather than legitimize my marriage.
Same sex marriage is not legal in the state of Arizona.