In re Estate of Gardiner
Kansas Supreme Court
42 P.3d 120 (2002)
- Written by Darius Dehghan, JD
Facts
J’Noel Gardiner (defendant) was a biological male who was assigned male at birth. J’Noel identified as female and underwent a sex-change operation. After the operation, J’Noel married Marshall Gardiner, a biological male. At the time of the marriage ceremony, Marshall was aware that J’Noel had undergone a sex-change operation. Marshall later died without a will. Joseph Gardiner (plaintiff), Marshall’s son from a previous marriage, filed a petition alleging that he was the sole heir to Marshall’s estate because the marriage between J’Noel and Marshall was void. The trial court held that the marriage was void, relying on the fact that J’Noel was assigned male at birth. The court of appeals reversed, finding that the trial court failed to take into account J’Noel’s self-identification as female. Joseph appealed to the Kansas Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Allegrucci, J.)
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