Check one: Male, female, helpless

By Laura Gladney-Lemon


A husband, a wife and two kids: a fairly common occurrence in divorce court, no
doubt.

But last week a Florida appeals court overturned a divorce and child custody
decision because it ruled the divorce in question never legally happened.

This decision came about because the husband, Michael Kantaras, was born with
female genitals.

Kantaras had a sex change operation in 1987, which, according to court
documents, included "hormonal treatments, a total hysterectomy and a double
mastectomy." In 1989 he married his wife, Linda, who was fully aware of his sex
reassignment. Children immediately entered the Kantaras family, since Linda came
to the relationship pregnant with a child. Michael subsequently adopted that
child. Then, in 1992, the couple had a second child that resulted from
artificial insemination.

By all accounts, Kantaras is male to those who know him - mentally, physically
and otherwise. Court documents outlined the following points that establish
Kantaras' status as a man:

* "As a child, while born female, Michael's parents and siblings observed his
  male characteristics and agreed he should have been born a 'boy.'"

* "Michael always has perceived himself as a male and assumed the male role
  doing house chores growing up, played male sports, refused to wear female
  clothing at home or in school."

* "Prior to marriage he successfully completed the full process of transsexual
  reassignment"

* "His wife accepted, along with his friends, family and wor[k] colleagues, that
  Michael in his appearance, characteristics and behavior was perceived as a
  man. At the time of the marriage he could not assume the role of a woman."

* "He has been accepted as a man in a variety of social and legal ways, such as
  having a male driving license; male passport; male name change; male
  modification of his birth certificate by legal ruling; male participation in
  legal adoption proceedings in court; and as a male in an artificial
  insemination program ... ."

The divorce court that originally heard this case agreed that Kantaras was
male. According to the South Florida Sun-Sentinel, Judge Gerard O'Brien ruled
that he was "legally a man" and granted him custody of his children.

But despite overwhelming evidence of Kantaras' gender, Florida's 2nd District
Court of Appeals overturned the divorce court's ruling last week. The appeals
court nullified the original divorce and custody order because the marriage
never legally existed.

Basing its decision on cases in Texas, Kansas and Australia, the court ruled the
"meaning of male and female, as those terms are used statutorily, to refer to
immutable traits determined at birth." More simply, the court said the genitals
with which a person is born forever determine that person's sex in the eyes of
the law.

Thus, technically, Michael and Linda were in a homosexual relationship, which is
not recognized in the state of Florida. Furthermore, this ruling seriously
jeopardizes Kantaras' chances at custody of his children because a Florida law
bars homosexuals from being adoptive parents.

Ironically, Kantaras' attorney pointed out that "Michael can't marry a woman in
Florida but he can marry a man." This gives the theoretical green light for
transgender people who are also gay or lesbian to marry their partners.

It is highly unlikely that this is the outcome the court intended, but when
common sense is ignored, illogical results will follow.

The time has come for Americans to come to terms with the reality of transgender
people.

Considering the binary world we live in, let's look at the situation in which we
have placed Michael Kantaras: He isn't a man, but certainly cannot be considered
a woman. This being the case, one must ask if he will be relegated to the status
of "other" and afforded no rights.


Gladney-Lemon is a women and gender studies graduate student, a member of
Alliance for a Feminist Option, a volunteer at the Women's Resource Center, a
graduate representative to Student Government and a member of the Graduate
Student Assembly.