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.]