KS JUDGE RULES FOR TRANSSEXUAL: From the Associated Press

A transsexual who signed a marriage license application as a woman did not lie, even though she is legally considered a man, a judge ruled Tuesday.

In his opinion, issued from the bench immediately after attorneys gave their closing arguments, Leavenworth County District Judge Frank Stewart said it was impossible to determine whether Sandy Clarissa Gast had intended to lie on the application or whether she truly believed herself to be female.

Gast was on trial on a misdemeanor charge of false swearing, which carries a $500 fine. Prosecutors said she should have been listed as a man on the marriage license application, filed in February.

Gast, 48, was born Edward Gast and underwent sex change surgery in October after living for several years as a woman. She had planned to marry George "Georgi" Somers, who is a man but lives as a woman.

Gast, who hugged Somers and other supporters after the verdict, said she was not sure if she would apply for another marriage license, which would require another court challenge. She surrendered the first application at her initial court appearance in March, and she and Somers went through what they called a "holy union" ceremony in Topeka on March 20. ...

In 2002, the state Supreme Court invalidated a transsexual woman's marriage to a man, even though J'Noel Gardiner's sex change was recognized in her home state of Wisconsin. The U.S. Supreme Court declined to review that decision, effectively upholding it.

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posted by Eve at 9:59 PM | link

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