Are You Sure We're Still In Kansas? - GoFuckYourself.com

Jamdin · 03-15-2002, 08:45 PM

Pulled from today's headlines in most Kansas' newspapers:

"COURT: TRANSSEXUAL MARRIAGE INVALID

TOPEKA, Kan. (AP) - A marriage between a man and a transsexual woman is not valid in Kansas, the state Supreme Court declared Friday.

The justices ruled in the case of J'Noel Gardiner, whose right to inherit half of her late husband's $2.5 million estate has been challenged because she was born a man. The court said she could not inherit his property.

Born a man in Wisconsin, she had sex change surgeries in 1994 and 1995. She married Marshall Gardiner in September 1998 in Oskaloosa. She was 40 and he was 85. They lived in Leavenworth County, but he died the next year of a heart attack without a will.

His son, Joe Gardiner, learned about J'Noel Gardiner's surgery after his father's death and challenged the validity of the marriage. Under Kansas law, a widow is entitled to half of her deceased husband's estate if he leaves no will.

Kansas law declares same-sex marriages invalid, but it does not address the question of whether marriages involving transsexuals are invalid.

In a unanimous opinion, the court said the Legislature decides which marriages are valid and has decided that only traditional marriages are recognized.

The justices declared that under Kansas law, J'Noel Gardiner is not a woman and therefore cannot marry a man.

Writing for the court, Justice Donald Allegrucci said the court had a responsibility to interpret the law, ³not to rewrite it.''

''The Legislature has declared that the public policy of this state is to recognize only the traditional marriage between 'two parties who are of the opposite sex,' and all other marriages are against public policy and void,'' Allegrucci wrote. ³We cannot ignore what the Legislature has declared to be the policy of this state.''

Furthermore, Allegrucci wrote, if marriages involving men and transsexual women are to be valid, ''That is for the Legislature to do if it so desires.''

J'Noel Gardiner teaches finance at Park University in Parkville, Mo., and Marshall Gardiner was a large donor. They met there in May 1998. She was 40 when they married.

The Supreme Court did not answer the question of whether J'Noel could legally marry a woman - although her attorney has said she would have no desire to do so.

The case had been closely watched by advocacy groups for transsexuals and other transgendered individuals. The state high court's ruling is in line with a Texas ruling that the U.S. Supreme Court let stand in 2000.

In the Texas case, that state's Court of Appeals reviewed the case of a transsexual who wanted to sue for the wrongful death of her husband. The Texas court declared her female anatomy ''man-made,'' and said it was up to the Legislature to legalize marriages involving transsexuals.

The U.S. Supreme Court declined to hear that case last year, in effect letting the Texas ruling stand.

A Leavenworth County district judge declared that despite her surgery, J'Noel Gardiner remained a man and the marriage was invalid.

But in May, the Kansas Court of Appeals ruled in J'Noel Gardiner's favor, saying that her sex at the time of marriage was the crucial issue. Advocacy groups praised that decision as a landmark."

Babaganoosh · 03-16-2002, 05:17 AM

Today I am ashamed to be from Kansas.

Sjayne · 03-16-2002, 08:11 AM

All that time and money to rule against love. Wonder things would be like if they spent equal amounts of engergy and money fighting hate.

03-15-2002, 08:45 PM	#1
Jamdin Registered User Join Date: Jan 2001 Location: Kansas Posts: 3,560	Are You Sure We're Still In Kansas? Pulled from today's headlines in most Kansas' newspapers: "COURT: TRANSSEXUAL MARRIAGE INVALID TOPEKA, Kan. (AP) - A marriage between a man and a transsexual woman is not valid in Kansas, the state Supreme Court declared Friday. The justices ruled in the case of J'Noel Gardiner, whose right to inherit half of her late husband's $2.5 million estate has been challenged because she was born a man. The court said she could not inherit his property. Born a man in Wisconsin, she had sex change surgeries in 1994 and 1995. She married Marshall Gardiner in September 1998 in Oskaloosa. She was 40 and he was 85. They lived in Leavenworth County, but he died the next year of a heart attack without a will. His son, Joe Gardiner, learned about J'Noel Gardiner's surgery after his father's death and challenged the validity of the marriage. Under Kansas law, a widow is entitled to half of her deceased husband's estate if he leaves no will. Kansas law declares same-sex marriages invalid, but it does not address the question of whether marriages involving transsexuals are invalid. In a unanimous opinion, the court said the Legislature decides which marriages are valid and has decided that only traditional marriages are recognized. The justices declared that under Kansas law, J'Noel Gardiner is not a woman and therefore cannot marry a man. Writing for the court, Justice Donald Allegrucci said the court had a responsibility to interpret the law, ³not to rewrite it.'' ''The Legislature has declared that the public policy of this state is to recognize only the traditional marriage between 'two parties who are of the opposite sex,' and all other marriages are against public policy and void,'' Allegrucci wrote. ³We cannot ignore what the Legislature has declared to be the policy of this state.'' Furthermore, Allegrucci wrote, if marriages involving men and transsexual women are to be valid, ''That is for the Legislature to do if it so desires.'' J'Noel Gardiner teaches finance at Park University in Parkville, Mo., and Marshall Gardiner was a large donor. They met there in May 1998. She was 40 when they married. The Supreme Court did not answer the question of whether J'Noel could legally marry a woman - although her attorney has said she would have no desire to do so. The case had been closely watched by advocacy groups for transsexuals and other transgendered individuals. The state high court's ruling is in line with a Texas ruling that the U.S. Supreme Court let stand in 2000. In the Texas case, that state's Court of Appeals reviewed the case of a transsexual who wanted to sue for the wrongful death of her husband. The Texas court declared her female anatomy ''man-made,'' and said it was up to the Legislature to legalize marriages involving transsexuals. The U.S. Supreme Court declined to hear that case last year, in effect letting the Texas ruling stand. A Leavenworth County district judge declared that despite her surgery, J'Noel Gardiner remained a man and the marriage was invalid. But in May, the Kansas Court of Appeals ruled in J'Noel Gardiner's favor, saying that her sex at the time of marriage was the crucial issue. Advocacy groups praised that decision as a landmark."

03-16-2002, 05:17 AM	#2
Babaganoosh ♥♥♥ Likes Hugs ♥♥♥ Industry Role: Join Date: Nov 2001 Location: /home Posts: 15,841	Today I am ashamed to be from Kansas. __________________ I like pie.

03-16-2002, 08:11 AM	#3
Sjayne Confirmed User Join Date: Jan 2001 Location: London, UK Posts: 1,182	All that time and money to rule against love. Wonder things would be like if they spent equal amounts of engergy and money fighting hate. __________________ <a href="http://www.wishing.com/money">Make 50% commissions promoting our penis pills, breast pills, weight loss pills and more!</a> <a href="http://www.webinc.com">Need Design Work? Check Out Our Huge Design Portfolio Online, Special: 100 Animated Banners, $799.00 </a> - tell them Sarah sent you.