For Immediate Release: February 25, 2003
From: The National Transgender Advocacy Coalition (NTAC)
Contacts: Media Director, Robyn Walters, Seattle, Washington
          NTAC Chair, Vanessa Edwards Foster; Houston, Texas
Contact Email: ntacmedia@aol.com
               media@ntac.org
Contact Phone: 832-483-9901
               360-437-4091
Website: http://www.ntac.org

Relying on expert medical testimony and careful review of Florida statutory requirements, Circuit Court Judge Gerard O'Brien has ruled that Michael Kantaras, a post-transition female to male transsexual, is legally male and that his marriage to Linda Kantaras was legal.

Shannon Minter, Legal Director of the National Center for Lesbian Rights (NCLR) is certain that more state courts will rule favorably in transsexual marriage cases in the next few years, "if we pursue cases with truly compelling facts, and if we do a good job of educating the judges in these cases by presenting expert testimony, as was done in Kantaras." Minter and NCLR staff attorney Karen Doering comprised part of Michael Kantaras' legal team, along with local attorney Collin Vause.

Florida law states that, "Marriages between persons of the same sex … are not recognized for any purpose in this state. … For purposes of interpreting any state statute or rule, the term "marriage" means only a legal union between one man and one woman as husband and wife, and the term "spouse" applies only to a member of such a union."

Judge O'Brien's ruling is of national importance.   Florida joins California and New Jersey, in which state courts have ruled that transsexuals may marry in their new gender, at odds with Texas, Kansas, and Ohio, whose courts have rendered the opposite decision.

Michael Kantaras met and married his wife after he had completed sex reassignment surgery. Although Linda Kantaras was aware of Michael’s transgender history, it wasn’t an issue until Michael initiated divorce proceedings. Linda argued that, despite hormones and surgery, Michael remained female and that the marriage was null and void.

Michael's claim to be male was supported by detailed medical testimony of three of the country’s leading experts on transsexualism: Drs. Ted Huang and Collier Cole of the University of Texas Medical Branch in Galveston and Dr. Walter Bockting of the Harry Benjamin International Gender Dysphoria Association and Coordinator of Transgender Health Services in the University of Minnesota Program for Human Sexuality.   According to Minter, "They were able to provide Judge O'Brien with a comprehensive understanding of the current medical viewpoint on transsexual people and to dispel many stereotypes and misconceptions. I think this is what made the difference in Michael's case."

"Some states may follow Texas and Kansas in denying marriage rights to transsexual people,” said Minter, "but I firmly believe that most will follow the lead of Judge O'Brien in Kantaras and the growing trend internationally."

The most important piece of advice Minter offers for any transsexual who becomes embroiled in legal battle is to contact an attorney with experience litigating this issue. "These are incredibly important cases, both for the individuals involved and for the entire community.   We cannot afford to lose a single case that might be won through more careful planning or preparation."

"The chances of the Supreme Court stepping in and resolving this issue in the near future are virtually nil," Minter added. "By way of comparison, the Supreme Court did not address laws banning interracial marriage until 1967, long after most states had already abolished such laws."

Attorney Alyson Meiselman agrees that the Kantaras decision is important. Although as a trial level court decision it sets no legal precedent, she notes, its value lies in the detailed medical testimony and legal analysis included.   Meiselman thinks it likely that the former Mrs. Kantaras might appeal the decision, which could lead to a precedent setting appellate decision.

Meiselman, one of the attorneys that appealed the Texas case invalidating Christie Lee Littleton's marriage to the U.S. Supreme Court, recently won an important Maryland Appeals Court ruling In the Matter of R.W. Heilig, which established the right of a citizen to petition for a legal change in gender status, regardless of place of birth.   She also referred to in re: Kevin, a recent Australian case affirming the legality of a transsexual man’s marriage, and TO in re: Gardiner, a Kansas Supreme Court decision invalidating the marriage of a transsexual woman, J'Noel Gardiner.

"The [legal] analysis was totally missing in Littleton, scant and inaccurate by the Kansas Supreme Court," she said, "as opposed to Heilig, which was detailed; Kevin, which was exhaustive and detailed; and Kantaras, which was at the trial court level extensive, detailed, and exhaustive on Kantaras facts."

"Weighing all three decisions [Kantaras, Heilig, and Kevin] together," Meiselman said, "it would appear that the scourge of Littleton v. Prange (1999) and Gardiner II (2002) may be over. Only time will tell."

Not to be forgotten in the proceedings and the legal decision are the Kantaras children.   Michael adopted Linda’s son after they married. They later had a daughter conceived by artificial insemination. The children are now 11 and 14 years old and have been in their father’s primary custody during most of the past year.

Michael Kantaras is glad that the long wait is over and that he and his children can get on with their lives.

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Founded in 1999, NTAC - the National Transgender Advocacy Coalition - is a §501(c)(4) civil rights organization working to establish and maintain the right of all transgendered, intersexed, and gender-variant people to live and work without fear of violence or discrimination.