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Op-Ed Contributor - Is My Marriage Gay? - NYTimes.com - http://www.nytimes.com/glogin...
Op-Ed Contributor - Is My Marriage Gay? - NYTimes.com
Gender involves a lot of gray area. And efforts to legislate a binary truth upon the wide spectrum of gender have proven only how elusive sexual identity can be. The case of J’noel Gardiner, in Kansas, provides a telling example. Ms. Gardiner, a postoperative transsexual woman, married her husband, Marshall Gardiner, in 1998. When he died in 1999, she was denied her half of his $2.5 million estate by the Kansas Supreme Court on the ground that her marriage was invalid. Thus in Kansas, any transgendered person who is anatomically female is now allowed to marry only another woman... A 1999 ruling in San Antonio, in Littleton v. Prange, determined that marriage could be only between people with different chromosomes. The result, of course, was that lesbian couples in that jurisdiction were then allowed to wed as long as one member of the couple had a Y chromosome, which is the case with both transgendered male-to-females and people born with conditions like androgen insensitivity syndrome. This ruling made Texas, paradoxically, one of the first states in which gay marriage was legal. - Christine
Dude this is kind of mind-bending. We always think in terms of black and white (hah) when it comes to male and females (not to mention gay vs. straight), but these entangling factors - "androgen insensitivity syndrome" - really futz things up real good. - Christopher Chung
For our part, Deirdre and I remain legally married, even though we’re both legally female. If we had divorced last month, before Governor Baldacci’s signature, I would have been allowed on the following day to marry a man only. There are states, however, that do not recognize sex changes. If I were to attempt to remarry in Ohio, for instance, I would be allowed to wed a woman only. - Christopher Chung
read the whole story! - Christopher Chung
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