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How this document has been cited

—the court held that a post-operative male-to-female transsexual was a woman for purposes of a legal marriage.
"Where transsexual was born with physical characteristics of male, but successful sex reassignment surgery harmonized her gender and genitalia so that she became physically and psychologically unified and fully capable of sexual activity as a woman, such transsexual thereby became a member of female sex for marital purposes, subsequent marriage to male was …
- in In re Ladrach, 1987 and 33 similar citations
—opinion of the court that if the psychological choice of a person is medically sound, not a mere whim, and irreversible sex reassignment surgery has been performed, society has no right to prohibit the transsexual from leading a normal life. Are we to look upon this person as an exhibit in a circus side show? What harm has said person done to society? The entire area of …
- in Hastings Law Journal and 33 similar citations
Three decades ago, Justice (then Judge) Handler wrote that "[d] espite winds of change," there was almost a universal recognition that "a lawful marriage requires the performance of a ceremonial marriage of two persons of the opposite sex, a male and a female."
- in Lewis v. Harris, 2006 and 33 similar citations
—requirement that marriage must be between a man and a woman... is so strongly and firmly implied from a full reading of the statutes that a different legislative intent, one which would sanction a marriage between persons of the same sex, cannot be fathomed
- in Dean v. District of Columbia, 1995 and 32 similar citations
It follows that such an individual would have the capacity to enter into a valid marriage relationship with a person of the opposite sex and did so here
- in Lewis v. Harris, 2005 and 30 similar citations
—be considered a member of the female sex for marital purposes. It follows that such an individual would have the capacity to enter into a valid marriage relationship with a person of the opposite sex and did so here. In so ruling we do no more than give legal effect to a fait accompli, based upon medical judgment and action which are irreversible. Such recognition will …
- in In re Estate of Gardiner, 2001 and 28 similar citations
—is that it replaces the biological sex test with dual tests of anatomy and gender, where `for marital purposes if the anatomical or genital features of a genuine transsexual are made to conform to the person's gender, psyche or psychological sex, then identity by sex must be governed by the congruence of these standards.
- in In re Estate of Gardiner, 2002 and 33 similar citations
The appellate court affirmed, holding: If such sex reassignment surgery is successful and the postoperative transsexual is, by virtue of medical treatment, thereby possessed of the full capacity to function sexually as male or female, as the case may be, we perceive no legal barrier, cognizable social taboo, or reason grounded in public policy to prevent the persons' …
- in Littleton v. Prange, 1999 and 35 similar citations
In MT, the court stated that “[w] e cannot join the reasoning of the Corbett case. The evidence before this court teaches that there are several criteria or standards which may be relevant in determining the sex of an individual” and disagreed with “the conclusion reached in Corbett that for purposes of marriage sex is somehow irrevocably cast at the moment of birth....”

Cited by

42 P. 3d 120 - Kan: Supreme Court 2002
22 P. 3d 1086 - Kan: Court of Appeals 2001
9 SW 3d 223 - Tex: Court of Appeals, 4th Dist. 1999
298 NJ Super. 442 - NJ: Appellate Div. 1997
816 A. 2d 68 - Md: Court of Appeals 2003
884 So. 2d 155 - Fla: Dist. Court of Appeals, 2nd Dist. 2004
4 Pa. D. & C. 3d 678 - Pa: Court of Common Pleas 1978
867 F. Supp. 2d 1023 - Dist. Court, Minnesota 2012
619 NW 2d 424 - Minn: Court of Appeals 2000

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