This short paper examines the proposal to impose a single status requirement in respect of applicants for gender recognition in Ireland, stipulating that applicants be single and not in a civil partnership or marriage at the time of the application for gender recognition. The paper argues that this proposed requirement is neither necessary nor appropriate. The key point in the paper is that marriage law in Ireland considers the validity of a marriage based on the status of the parties at the point of marriage. As such, prospective gender recognition legislation should not convert an opposite-sex marriage into a same-sex marriage. The paper also highlights the difficulties that would face transgender applicants in an intact marriage and the difficulties involved in obtaining a divorce in such circumstances.This paper is reproduced by kind permission of the Transgender Equality Network Ireland. The full text of Equality and Identity is available online.