VOTE.COM | Is She a He - - Should A Transsexual Widow Have the Same Legal Rights As Any Other Widow?

							A transsexual who underwent a sex change to be a woman is a woman - - and entitled to all rights bestowed upon a widow

							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

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

Marshall Gardiner, a two-term state representative and successful stockbroker had been a widower for 14 years when he married J'Noel Ball. His previous marriage of 42 years had ended with his first wife's death. After the marriage, Mr. Gardiner bought his new wife a home in Missouri where he visited on weekends; he continued to live in Kansas, where his estate is being litigated. After his dad died, Joe Gardiner, Marshall's only child, hired a private investigator to look into J'Noel's background and learned of his stepmother's former identity. Joe Gardiner has challenged her right to share in his dad's estate. Earlier this year, a Kansas district court ruled that because J'Noel was biologically a man, she could not inherit from Marshall Gardiner's estate since Kansas does not recognize same sex marriages. J'Noel is appealing the decision.


		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 Surgery aside, J'Noel was and is a man and has the XY chromosomes to prove it Marshall Gardiner obviously accepted J'Noel as his wife and so should the state of Kansas

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