Jennifer Finley Boylan (author of the affecting She’s Not There: A Life in Two Genders and I’m Looking Through You: Growing Up Haunted) wrote in the 12 May New York Times about “gay marriage” (that is, marriage between two people of the same sex) — “Is My Marriage Gay?” on the op-ed page — poignantly observing how complex the legal situation of transgendered/transsexual people is in these matters, especially in “marriages where at least one member of the couple has changed genders since the wedding”. (Boylan is a M2F transsexual in just this situation.) She says that
the definition of what makes someone “legally” male or female is part of what makes this issue so unwieldy.
Here’s the problem: is it genitalia that make the difference? or chromosomes? or sex as stated at birth? There are gray areas and subcases within each of these determinations. Unfortunately, different jurisdictions in the U.S. use, or have used, different tests.
