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Marriage and the Transgendered Person

By Janice G. Inman
May 26, 2005

In last month's newsletter, we discussed two 1970s New York decisions that held marriages between transsexuals and persons of their birth sex to be invalid. No recent cases on this issue have been brought in this State, so we are left to ponder what would be the outcomes of those cases in present-day New York.

Recently, however, the Florida Court of Appeal relied on those old New York cases — Frances B. v. Mark B., 78 Misc. 2d 112 (1974) and Anonymous v. Anonymous, 67 Misc. 2d 982 (1971) — when it decided that marriage in Florida between a female-to-male transsexual and a woman was invalid at its inception. In light of recent social trends in the State of New York, was that reliance justified?

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