I watch court tv all the time and monitor their website.
This was the featured news story today, I thought it might be relevent to this topic.
Florida transsexual granted custody of children
Wednesday, April 2, 2003
Michael Kantaras was granted custody of his children Friday after a year-long wait.
By Matt Bean
Court TV
A Florida transsexual was granted primary custody of his two children Friday after a judge delivered a sweeping 800-page written decision that answered, for now, the question of just what makes a man under the law.
According to the decision, Michael Kantaras, who had breast removal surgery and hormone therapy to swap genders, is indeed a man and therefore his marriage, and custody claim, were valid in Florida, which does not recognize same-sex marriages.
“Chromosomes are only one factor in the determination of sex and they do not overrule gender or self-identity which is the true test or identifying mark of sex,” wrote Pasco County Judge Gerard O’Brien. “Michael has always, for a lifetime, had a self-identity as a male.”
O’Brien’s ruling stands to impact much more than one family’s insular custody battle. “It’s a complete victory for Michael Kantaras, and it’s a victory for all transsexuals,” said Kantaras’ attorney, Collin Vause.
Under the ruling, Linda Kantaras, 34, will have visitation rights to Matthew, 13, and Irina, 11, every other weekend. Her lawyer, Claudia Wheeler, had argued that Michael Kantaras, who still had female-like genitilia, was not legally a man and that their marriage was null and void. A woman at Wheeler’s office said the lawyer was unavailable for comment Friday.
Judge O’Brien’s written decision was more than a year in the making. Lawyers delivered closing arguments more than a year ago after a bitter courtroom battle that focused largely on Kantaras’ anatomy and his lifestyle as a transsexual. Court TV covered the trial live.
Karen Doering, Michael Kantaras’ co-counsel and staff attorney at the National Center for Lesbian Rights, called Wheeler’s caveat “just silly.” “I think this is a very very positive sign,” she told Court TV Friday. “This is the first case to thoroughly examine the medical aspects of transsexualism.”
“I think [the case] was really groundbreaking on both a legal and a cultural level,” said Cathy Renna, news director with the Gay & Lesbian Alliance Against Defamation (GLAAD). “For once this was a story that took transgender people out of the abstract and gave them a chance to really speak about their lives.”
For the entire article(I am not allowed to post an entire article), go to :
http://courttv.com/trials/kantaras/verdict_ctv.html