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A transsexual who underwent a sex change to be a woman is a woman - - and entitled to all rights bestowed upon a widow |
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Once a man, always a man: no amount of surgery can biologically change a man into a woman - - and such a transsexual should not be considered a widow |
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| Marshall Gardiner obviously accepted J'Noel as his wife and so should the state of Kansas How absurd is it that J'Noel is a woman in Wisconsin and a man in Kansas! Although the state of Kansas has ruled against J'Noel, the state of Wisconsin had no problem issuing her a new birth certificate identifying her as a female. Sexual identity isn't just a matter of chromosomes. J'Noel, although born a man, has felt like a woman all her life. She was even married once before when as a Jay Ball, the male, she married her former college classmate, a woman. The marriage failed, however because J'Noel was and had always been a woman trapped by nature in the body of a man. She even attended her divorce hearing dressed as a woman. Transsexualism is not a disease; it is a recognized medical
condition for which sex-change surgery is the accepted and appropriate treatment. J'Noel didn't ask to
be born a transsexual; she just was one and did what
she needed to do to live a full and satisfying life. The two
sex change surgeries that she has undergone removed her penis and gave her a functioning vagina.
She and Marshall Gardiner were happy and she was a good wife. Marshall Gardiner
and the state of Wisconsin accepted J'Noel as the full-fledged female that
she is, so should the state of Kansas. J'Noel is entitled to
and should receive the half of her late husband's estate that is legally hers.
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