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M.T. v. J.T.

Superior Court of New Jersey
355 A.2d 204 (N.J. Super. Ct. App. Div. 1976)


M.T. (plaintiff) was born with male sexual organs but had always identified as a female. M.T. had a sex-change operation that replaced her male anatomy with female anatomy. One year after the operation, M.T. married J.T., who was male. J.T. had known M.T. for a long time and knew of the operation. The couple later separated, and J.T. stopped supporting M.T. financially. M.T. brought suit in domestic relations court, seeking support. J.T. argued that M.T. was a male and that their marriage was thus void, because marriage had to be between a man and a woman. At trial, M.T.’s doctor testified that, after the operation, M.T. was female. M.T. was able to have vaginal intercourse with a man and could not function as a male either sexually or for the purposes of procreation. The doctor stated that M.T.’s vagina was the same as a typical female vagina after a hysterectomy. J.T.’s adoptive father, Dr. T, was a doctor and testified as an expert. Dr. T testified that a person’s sex was determined by sexual anatomy at birth. The trial court found that M.T. was a woman for marital purposes. J.T. appealed.

Rule of Law


Holding and Reasoning (Handler, J.)

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