Since there is no requirement to prove gender in order to GET married, how can they say that a DIVORCE requires proof?
Where are the children now? And I'm confused about who had the artificial insemination for the second child....HIM before his sex change to male or the EX?
Obviously, if he was awarded custody, including a child that didn't come from him in any event, he had strong evidence as the better parent no matter WHAT gender he is, so the question now is.....can he have the children back even if he's only 'separated' and not divorced while this gets hashed out?
TONI
TAMPA, Fla. (AP) - Transgender people cannot marry as their new sex under Florida law, a state appeals court ruled Friday in setting aside a divorce ruling between a man - who once was a woman - and his wife.
The 2nd District Court of Appeal in Lakeland said people who undergo sex changes aren't recognized by their new sex under Florida's marriage laws, which ban same-sex marriages.
It was not known how many marriages the ruling affects since people are not required to prove their sex when seeking a marriage license in Florida.
The ruling came in the case of Michael Kantaras, who underwent a sex change operation in 1987 and then married his wife, Linda, two years later. His attorney, Karen Doering, called the court's decision "ridiculous."
Michael Kantaras divorced Linda Kantaras in 2002 and was awarded custody of two children - one child which was his ex-wife's from a prior relationship, the other a daughter she bore in 1992 following artificial insemination.
The appeals court said there was no legal marriage for a Circuit Court to dissolve, and remanded the custody aspect of the case for further proceedings.
"The controlling issue in this case is whether ... the Florida statutes governing marriage authorize a postoperative transsexual to marry in the reassigned sex," the court wrote. "We conclude they do not."
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