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SOGI Casebook chapters Archives: Transgender marriage

Christine Radtke v. Miscellaneous Drivers & Helpers Union Local 638 Health, Welfare, Eye & Dental Fund, U.S. District Court for the District of Minnesota (2 April 2012)

Procedural Posture Christine Radtke filed a complaint against the Fund for wrongful denial of health benefits. The matter was before the Court on cross motions for summary judgment. Facts The Fund provided health care benefits for eligible members and their dependents. Calvin Radtke was an employee of United Parcel Service and his health insurance was […]

W v. Registrar of Marriages, Hong Kong Court of First Instance (5 October 2010)

Procedural Posture Petition for judicial review of a decision by the Hong Kong Registrar of Marriages to refuse to grant the applicant, a transgender woman, a licence to marry her male partner. Facts The applicant was registered at birth as male. From 2005 to 2008 the applicant received psychological and medical treatment including hormone therapy […]

In re Jose Mauricio Lovo-Lara and Gia Teresa Lovo-Ciccone, Board of Immigration Appeals, United States (18 May 2005)

Procedural Posture The petitioner, an American citizen, appealed against the immigration agency’s denial of a visa petition for her husband on the basis of their marriage. Facts The petitioner, an American citizen, was a transgender woman who had legally changed her sex in 2001. In 2002 she married a male citizen from El Salvador and […]

In Re Kevin (Validity of marriage of transsexual), Family Court of Australia (12 October 2001)

Procedural Posture The applicants, a woman and a transgender man named Kevin, applied for a declaration of validity of their marriage. The Attorney General intervened in their application, arguing against the couple. The case was heard by the Family Court. Issue Whether Kevin’s marriage to a woman was valid. Facts Kevin was born and raised […]

New Zealand Attorney General v. Family Court at Otahuhu, High Court of New Zealand (30 November 1994)

Procedural Posture The Attorney General applied on behalf of the Registrar of Marriages to the High Court. Vivienne Ullrich argued as a friend of the court in opposition to the Attorney General. The Attorney General stated that the State’s only interest was to have the matter settled, regardless of outcome. Issue The Attorney General requested […]

MT v. JT, Superior Court of New Jersey, Appellate Division, United States (22 March 1976)

Procedural Posture Following a divorce, the plaintiff sued the defendant for marital maintenance and support. The trial court ordered the defendant to support the plaintiff. The defendant appealed, arguing that the marriage was a nullity on the grounds that the plaintiff, a transgender woman, had been born a man. Facts The plaintiff was born biologically […]