Right to marry determined by genes?

Two women -- one of them a male-to-female transexual -- have obtained a marriage license in San Antonio Texas. The women had previously been denied a marriage license on the basis that they are a same-sex couple. However, they successfully argued that the Texas 4th Court of Appeals Littleton v. Prange decision guaranteed them the right to marry, based upon their inferred chromosomes.

These legal developments have the potential to invalidate the marriages of many intersex people (for instance, women with androgen insensitivity syndrome or gonadal dysgenesis who are married to men), while curiously facilitating legal marriage for others to whom marriage has been forbidden (for instance, women with partial androgen insensitivity who are partnered with women).

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