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.
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