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YES
A transsexual who underwent a sex change to be a woman is a woman - - and entitled to all rights bestowed upon a widow
NO
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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Surgery aside, J'Noel was and is a man and has the XY chromosomes to prove it


Marshall Gardiner's only son is adamant that his 85-year-old father, like many of his generation, would not have had the capability to fully understand the ramifications of J'Noel's sex change and would never have entered the relationship if he had known what he was getting into.  Moreover, if Marshall Gardiner had really known and accepted the truth about his wife, he could have obtained legal counsel and drawn up a will leaving her the estate.  Because he did not, she is not entitled to any portion of it.

Let's not twist the law!  It does not matter how the state of Wisconsin treats transsexuals, the law in Kansas is clear, same sex marriages are not allowed.  Under Kansas law therefore, J'Noel is not entitled to inherit from Marshall Gardiner's estate.   

J'Noel may be a man in woman's clothing, but he is a man.  J'Noel was born a man and remains a man both biologically and scientifically.  No amount of make-up or s urgery can ever alter his genetic make-up and he will always have the XY chromosomes that make a man a man.  P erhaps the lesson to be learned is:  have your intended's chromosomes tested before you walk down the aisle. 

 

 


 
 
more info
 
the facts
Because J'Noel is biologically still a man, his marriage to Marshall Gardiner is not recognized in Kansas

J'Noel Gardiner, a transsexual and the widow of Marshall Gardiner, was Mr. Jay Ball until a sex change operation transformed him to a her

the arguments
Marshall Gardiner obviously accepted J'Noel as his wife and so should the state of Kansas


 
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