When Nikki Araguz wedded was it a de facto same sex marriage?

In the case of Nikki Araguz was it a de facto same sex marriage? If a person is transitioning from FTM changes their name and such on other official documents even if they had not had the procedure but are 80% or better the other sex does that change anything? If a person changes from one sex to the other should it be recognized by the state even to the point of reissuing a birth certificate or should it be as in Texas that no matter what you did you are legally considered to be the sex you were born. Lastly if Texas won’t see or recognize the new sex and that person has to do time in prison but they are as woman or male as surgery can provide how in the world would they lock a person up like that and where when they do not have an ”in between” prison? source →