While cases like Littleton v. Prange and In re Estate of Gardiner are a step back for transgender marriage, there is also the rare case that recognizes sex change as legal, and allow for the validity of the heterosexual marriages that follow these operations, regardless of one spouse being transgendered. Kristie Vecchione, while amidst a custody battle for her three year old daughter, attempted to annul her marriage to Joshua Vecchione in November of 1997. She claims that since Joshua was born female and state law does not recognize same-sex marriages, that their marriage was never valid. An Orange, California judge barred the annulment which was then overtuned by Superior Court Judge Gary Ryan, both of whom stated that since California recognizes sex change operations, the annulment, not the marriage, was invalid.1 A similar ruling was issued in February 2003 in the case of Michael Kantaras, whose wife Linda used a similar argument to try to gain custody of their two children. Michael, who had SRS in 1986, was awarded custody of both children, as he was termed the better parent. Florida Circuit Court Judge Gerard O'Brien claimed that under state law, ''there is no statutory requirement that the applicants shall prove their gender... [The law] clearly provides that marriage shall take place between one man and one woman. It does not provide when such status of being a man or woman shall be determined.''2

1. "Nation in Brief: Bid to annul transsexual's marriage fails," The Atlanta Journal. Atlanta, GA, 26 November 1997, A.06.
2. "Judge Gives Transsexual Father Custody of Children in Florida," New York Times, (Late Edition East Coast). New York, NY, 22 February 2003, A.15.