Monday, December 23, 2013

Indiana Appeals Court: Sex Change of Spouse Does Not Invalidate Marriage Despite Same-Sex Marriage Ban

In In re Marriage of Melanie Davis and Angela Summers, (IN App., Dec. 20, 2013), the Indiana Court of Appeals held that a marriage between a man and a woman that is valid when  entered does not become void when one of the spouses is diagnosed with gender dysphoria and has his or her birth certificate amended to reflect a change in gender.  Even though Indiana law bars same-sex marriage, this ban does not apply to a marriage that is valid in Indiana when entered. [Thanks to William Baude at Volokh Conspiracy for the lead.]

2 comments:

Corey said...

This should keep FOX busy for a while!

Richard Gould-Saltman said...

Another paradoxical result; Ohio, adjoining, was forced to permit the apparent same-sex marriage of two women, a number of years ago, because one of the partners was male-to-female transgendered, and so was, as far as the state was concerned, was still "male", notwithstanding a re-assignment/amended birth certificate from another state, which Ohio apparently ALSO declined to recognize...