OK. I looked it up and came up with this, from the Washington Post --- an article which says that the transgender person can show that he has taken "other steps" toward gender reassignment: homone therapy is mentioned, but like surgery, is not apparently required. The Lambda Legal lawyer, Cole Thaler, puts them emphasis on congruity between appearance and sex, which is, of course, a loose and easily-changed criterion.
None of this effaces Farah's point, which is that anybody who wanted same-sex marriage in a state where devant forms of marriage are legally nonexistent or even unconstitutional, could accomplish his end by changing his legal sex.
Nor does it efface my point, which is that public records lose their demographic and medical significance if they are falsified as to sex as birth. This is so whether the records policy changed in 1971 or in 2006.
You appear to be emotionally invested in maintaining an aura of infallibilty in Farah's writing. The radio and TV news reports were as I stated. As I said you can take me at my word or not, it doesn't matter to me. The bottom line is that Farrah misrepresented the facts to make a point. That's the same tactic Air America types employ.