Michael and Linda met and fell
in love. They applied for and received a marriage license, and Michael
adopted Linda's child. Linda later had another child via artificial
insemination.
A few years later Michael
filed for divorce, and requested custody of the two children. Linda
countered by asking for an annulment.
Turns out Michael had been
born a woman and had undergone a sex change! (which Linda was fully aware
of).
Betcha didn't see that
coming.
Linda argued that the
marriage was void an initio
because they were of the same-sex, and Florida did not allow same-sex
marriage.
In addition, Florida did
not allow homosexuals to adopt, and neither child was biologically
Michael's.
The Trial Court denied the annulment. Linda appealed.
The Trial Court found that,
under Florida State law, Michael was legally a male at the time of the
marriage. Therefore it was not void.
The Appellate Court reversed
and declared the marriage void ab initio.
The Appellate Court found
that in Florida Statutes, the term 'sex' should refer to "immutable
traits determined at birth." (e.g. chromosomes).
Michael, as well as some
medical experts, argued that sex is more than just genetics, but the
Court disagreed with that approach.
The Court suggested that
this is a matter of public policy and it was up to the Florida
Legislature to decide the issue, not the courts.
As of 2008, New Jersey is the
only State that allows for valid marriages of transsexuals (as non-same
sex marriages).
The New Jersey case is M.T.
v. J.T. (355 A.2d 204 (1976)).
See cf. In re Ladrach (513 N.E.2d 828 (1987)), In re
Estate of Gardiner (442 P.3d 120
(2002)), and Littleton v. Prange (9 S.W.3d 223 (1999)).
