There have been numerous cases both in the United States and internationally of marriages being invalidated because one spouse is transgendered. Nullifying such a marriage where both spouses wish to remain married is against public policy and seriously disadvantageous not just to the couple involved, but to the expectations of the community and society that surrounds them. "Unfortunately, however, two recent court decisions have been hostile towards marriages involving transgender people, calling into question whether marriages of post-operative transgender people whose legal sex matches their gender identity will be considered valid."1

As proof that transsexual marriage, whether heterosexual or not, may one day be banned, as same-sex marriages are, several cases have come through the courts in recent years negating transgender marriages. In states that have not constitutionally banned same-sex marriage, these cases are sometimes centered on the violation of state constitutions, which claim that discrimination on the basis of sex is illegal, such as in the case of Baehr v. Lewin. A similar case in Alaska, Brause v. Bureau of Vital Statistics, is based on fundamental rights, or the right to chose one’s spouse2 as being a fundamental right. Both cases remain unresolved and are still in litigation.3

There are even cases in which licenses are denied altogether, generally utilizing either anti-same-sex or anti-sex change legislation. A transwoman and a man, In re Ladrach, seeking to marry were denied a license based on a law prohibiting sex changes in Ohio, therefore Elaine Frances Ladrach and her fiancé were said to be attempting to enter into a same-sex union, illegal in Ohio.4 But how would the state handle the situation had Ladrach proposed to marry another woman?

Below are three more cases exhibiting the complications of the legality of marriage for transgendered folks:

• Littleton v. Prange
  
  
• In re Estate of Gardiner
  


• Vecchione v. Vecchione

Footnotes:

1. The two cases refer to Littleton v. Prange and In re Estate of Gardiner, both listed later in this section.
   Gay and Lesbian Advocates and Defenders (GLAD). “Transgender Legal Issues.” Retrieved 01 May 2004. <http://www.glad.org/rights/Transgender_Legal_Issues.PDF>: 12.
2. According to the Defense of Marriage Act (P.L. 104-199 §3(a); 1 U.S.C.A. §7), spouse refers only to someone who is married: “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.” In this case, you may take it how you like, but it is meant here as life partner. Taken from: Human Rights Campaign (HRC). “Answers to Questions About Marriage Equality.” HRC FamilyNet Project. Retrieved 01 May 2004. <http://www.hrc.org/Template.cfm?Section=Get_Involved1&Template=/ContentManagement/ContentDisplay.cfm&ContentID=17262 - marriagebooklet_042304.pdf>: 19.
3. Holt, Kristine W. “The Heart Has Reasons That Reason Does Not Know: The Conundrum of Same-Sex Transgender Marriage.” Law Offices of Kristine W. Holt, Attorney at Law. May 1998. Retrieved 03 May 2004. Section III 1-A.
4. Holt, Kristine W. “The Heart Has Reasons That Reason Does Not Know: The Conundrum of Same-Sex Transgender Marriage.” Law Offices of Kristine W. Holt, Attorney at Law. May 1998. Retrieved 03 May 2004. Section III 1-B.