Can't marry anyone

I've discussed previously the crazy quilt of state laws dealing with marriage where one partner is trans. Depending on the state, a transwoman may be legally female in one place, and legally male in another, meaning her marriage can come and go as she drives across the country. It's even more confusing than it is for us married gays and lesbians, and utterly random, showing the lunacy of the whole situation.

Here's the latest conundrum. A transwoman in Texas plans to marry her partner.

Sabrina J. Hill, 60, was born male and is listed as male on her birth certificate, which allowed her to marry her girlfriend Therese "Tee" Bur. Texas identifies marriage as a union between one man and one woman.

The precedent comes from a previous case in Texas, Littleton v. Prange, in which it was decided that the marriage between Christie and Jonathan LIttleton was invalid, because Christie Littleton was a transwoman and was born male.

So Sabrina's original birth certificate, which says she's a male, should be enough to allow her to marry her female partner, right?

Wrong: Texas is challenging this marriage too, because Sabrina has other documents saying she's female.

As Autumn Sandeen writes,

The bottom line is that in Texas, a trans woman (or a trans man) may find that even though Loving v. Virginia states: The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.
Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival.
...he, she, or ze may find that he, she, or ze functionally doesn't have the fundamental right to marry anyone at all.