Littleton v. Prange
South Western Law Reporter, 3d Series, 1999; 9: 223-234
The Court of Appeals for Texas, Fourth District, San Antonio, ruled that a man who identifies himself as a woman after gender reassignment surgery is still a man under the state statute on marriage. As the surviving spouse, Christie Lee Littleton sued Dr. Mark Prange for the wrongful death of her husband in a medical malpractice lawsuit. Prange asserted that Littleton, born Lee Cavazos, Jr., is a man and thus under state law cannot be married to a man. The trial court judge agreed and granted summary judgment. In this appeal of a case of first impression, the appellate court upheld the trial court and ruled the marriage to be invalid. The court based its decision on the fact that "[t]he male chromosomes do not change with either hormonal treatment or sex reassignment surgery. Biologically a post-operative female transsexual is still a male" due to genetics.
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Hobdell, Martin; Sinkford, Jeanne; Alexander, Charles; Alexander, David; Corbet, Esmonde; Douglas, Chester; Katrova, Lydia; Littleton, Preston; MacCarthy, Denise; Cherrett, Helen McK.; Schou, Lone; Wen, Fan Ming; Zhuan, Bian (2002)