Thomas Beatie, known as "pregnant man" was denied a divorce by a judge last week in Arizona.

Beatie, 39, born as a woman gave birth to three children after beginning his sex change process from woman to man.

Maricopa County Family Court Judge Douglas Gerlach denied the divorce on grounds the state does not recognize same sex marriage preventing his 9-year marriage from being recognized as a valid marriage.

"It's hard for him. He feels he is being targeted saying, 'Look, if you had kept it to yourself and didn't use your reproductive organs, we wouldn't be here," his attorney David Cantor said.

Beatie filed for divorce last year, hoping resolution of his marriage to wed his new girlfriend.

"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," Gerlach wrote, dismissing the case for a lack of subject matter jurisdiction.

"The decision here is not based on the conclusion that this case involves a same-sex marriage merely because one of the parties is a transsexual male, but instead, the decision is compelled by the fact that the parties failed to prove that (Thomas Beatie) was a transsexual male when they were issued their marriage license," the judge wrote of his ruling.

Beatie expressed his plans to decide on Friday whether to appeal to the State Court of Appeals or the State Supreme Court.