The judge believes that because both Beatie and his wife have female sex organs their union could equate to a same sex marriage which is not legal in Arizona.
Beatie, a transgender man who made headlines four years ago when he became pregnant, married his wife Nancy in 2003.
The two were able to present themselves as a heterosexual couple because Beatie had a state-authorized sex change before the wedding.
Nevertheless, an Arizona judge is refusing to preside over their divorce until he believes that the marriage was legitimate to begin with, reports TMZ.
The judge highlights that Beatie has a womb and has given birth to the couple's three children during their nine-year marriage.
According to TMZ, the judge argues that he cannot find any legal authority that defines a man as someone who is able to give birth.
However, Beatie has filed documents hoping to prove his marriage's legitimacy, highlighting that both his U.S. passport and his Hawaii birth certificate list him as a man.
In May, a judge gave Beatie temporary full custody over the couple's three children.
The decision came after footage, captured by Beatie, emerged of Nancy appearing to violently attack her husband, mishandle their children and destroy their computer.
Beatie has previously claimed that Nancy was a violent alcoholic who would attack him in the night and once punched him in the crotch in front of the kids.
Back in May, Beatie's attorney, David Michael Cantor, said in a statement: 'Mr Beatie is thrilled that this Court has recognized that a transgender marriage is a valid marriage under Arizona law. Hopefully, this case will help pave the way for other State's valid marriages to be recognized in the divorce courts of Arizona.'
The couple separated in April, shortly before Beatie underwent his final gender reassignment surgery.
Mr Beatie was born as a woman, Tracy Lagondino, in Hawaii in 1974, but says he always felt like he wanted to be a man.
When he was in his 20s he began having testosterone injections, giving him facial hair, a lower voice and altering his sexual organs.
The couple met shortly after Beatie began taking the testosterone. Nancy is 11 years older than him and has two teenage daughters, Amber and Jen, from a previous marriage.
But at the age of 28 she had a hysterectomy because of severe endometriosis - where cells from the lining of the womb are found elsewhere in the body - so she couldn't have any more children.
Thomas had already had a mastectomy to remove his breasts, and hormone treatment that gave him an outwardly male appearance.
But he chose to keep his female sexual organs so the couple could have children.
They bought sperm from an anonymous donor and Beatie underwent artificial insemination.
He eventually fell pregnant with Susan in late 2007 and had his next two children in quickly after, as he only had a short window of not taking testosterone.
He posed for a famous picture in 2007 which displayed him as heavily pregnant but with facial hair.
He told Oprah on her show four years ago: 'I wanted to have a child one day. I didn't know how. It was just a dream.'
The couple has been open about their sex life, revealing on Oprah that the testosterone had enlarged Beatie's clitoris. It grew to a small penis, allowing him to have sex with his wife, he said.
In March, Beatie revealed he had filed for bankruptcy and was desperately seeking a job to get his family off welfare handouts and pay his $5,000-a-month mortgage.
Mr Beatie, in all honesty, you need JESUS! Whatever made you think that having a sex change will accord you the same rights as a man. It just doesn't work that way.
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