Kantaras v. Kantaras
884 So.2d 155 (2004)
- 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
- 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
- Betcha didn't see that
- Linda argued that the
marriage was void an initio
because they were of the same-sex, and Florida did not allow same-sex
- In addition, Florida did
not allow homosexuals to adopt, and neither child was biologically
- 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
- 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)).