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Intersexuality and the LawWhy Sex Matters$
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Julie A. Greenberg

Print publication date: 2012

Print ISBN-13: 9780814731895

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814731895.001.0001

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(p.51) 4 Can I Marry a Man, a Woman, Either, or Neither?

(p.51) 4 Can I Marry a Man, a Woman, Either, or Neither?

(p.51) 4 Can I Marry a Man, a Woman, Either, or Neither?
Intersexuality and the Law

Julie A. Greenberg

NYU Press

This chapter examines the issue of establishing a person's sex for purposes of marriage. It considers contradictory court decisions and their ramifications for transsexuals and people with an intersex condition who want to marry. It discusses the courts' justifications for limiting marriage to heterosexual couples and their approaches in marriage cases involving a spouse with an intersex condition or who is transsexual. In particular, it analyzes four major reasons that have been advanced in defense of the ban on same-sex marriages. It also comments on the confusion that arises when a court is asked to decide whether a person can legally marry in a sex role other than the one indicated on the original birth record. It shows that courts have difficulty establishing the criteria for sex determination for purposes of marriage.

Keywords:   sex, marriage, transsexuals, intersex condition, court decisions, heterosexual couples, same-sex marriage, sex role, sex determination

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