"Until Death (Or Sex Change) Do Us Part": Advocating for Adoption of the European Legal Approach to Validating Marriages Involving Post-Operative Transsexuals

Authors

Erin Bender, University of Richmond School of Law

Abstract

The article advocates for the adoption of the European legal approach to validating marriages involving post-operative transsexuals, emphasizing privacy rights and the fundamental right to marry, rather than the outdated U.S. approach that focuses on biological criteria such as chromosomes and birth sex. It argues that the current U.S. framework unduly restricts the rights of post-operative transsexuals and fails to align with modern societal views on marriage, which prioritize companionship and privacy over procreation.

Disciplines

Law | Law and Gender

Recommended Citation

Erin Bender, "Until Death (Or Sex Change) Do Us Part": Advocating for Adoption of the European Legal Approach to Validating Marriages Involving Post-Operative Transsexuals, 18 Cardozo J. Equal Rts. & Soc. Just. 35 (2011).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol18/iss1/4