A battle is brewing in Michigan over a transgender man who said he was denied a marriage license because he was born a female.

Jordan Swan said he was told that because he did not have a male sex organ, he could not get married to his bride.

Attorney Charlie Langton believes the law is on Swan's side -- even though Michigan does not recognize same-sex marriage.

"You don't need a penis to become a man," he told the Fox affiliate in Detroit. "The law says that if a doctor signs an affidavit saying that you've had the sex reassignment, you can take that to the courthouse and get a new birth certificate."

When that happens, Langton said, the "penis is irrelevant."

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