Thomas Beatie aka the "Pregnant Man" is fighting back after an Arizona judge refused to grant him a divorce with his wife.

The "Pregnant Man" wants the divorce so he can further his relationship with girlfriend Amber Nicholas. Beatie was dubbed the nickname of "Pregnant Man" because he was a born a woman, but lived as a man. When undergoing a sex change, he retained his female reproductive organs and gave birth to three children with the help of donated sperm, beginning in 2008.

Last week, Family Judge Douglas Gerlach said there was not enough evidence that Beatie was legally a man when he married his wife Nancy in Honolulu in 2003. According to the Daily News, The Maricopa County Family Court judge said last week that the state's gay marriage ban prevents the union from being recognized in Arizona.

"This obviously is not Beatie versus Beatie," Beatie said Tuesday with girlfriend Amber Nicholas by his side. "This is the state of Arizona versus transgender people, human reproductive rights and fairness under law."

Nancy and the "Pregnant Man" moved to Arizona, and over time, wanted the divorce, which now won't be granted.

"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," the judge wrote in a statement.

He has ruled out moving back to Hawaii to get the divorce, calling the idea impractical, according to the Daily News. Beatie could remarry in Arizona, but that would create turmoil in Hawaii, where Beatie's first marriage was viewed as valid, his lawyer Michael Cantor said.

He will decide shortly whether or not to appeal to the Arizona State Court of Appeals or the State Supreme Court, ABCNews.com reported.

"Imagine what this is doing to my children," Beatie said. "In time, they are going to look back and see that a court said that's not your daddy. I'm sorry, that's who I am. I am my children's father."

The lawyer for Nancy Beatie said she might further appeal the judge's decision as well.

"Obviously, she is very disappointed the judge did not find the marriage to be valid," her lawyer David Higgins told ABCNews.com. "She understood herself to be married, believed Thomas to be a man, and we will probably join Thomas in moving forward with an appeal in that regard."