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This case was submitted October 14 1975 and decided on March 22 1976 It originates with a wife filing a simple complaint for support from her husband The legal issue sharpened radically when the defendant alleged that MT was a male and that the marriage was void Following a hearing the judge determined that the plaintiff was indeed a female and that the defendant was her husband The Superior Court held that where a transsexual was born with physical characteristics of a male but has successful reassignment surgery so that she became physically and psychologically unified and fully capable of sexual activity as a woman such transsexual thereby became female for marital purposes Therefore the marriage was not void and absent of fraud The defendant was ordered to pay the plaintiff 50 a week support The defendant then filed a notice of appeal Dr Ihlenfeld the plaintiffs medical doctor with a specialty in gender identity was accepted as an expert in the field of medicine and transsexualism He testified that for some reason transsexuals did not see themselves as members of the sex their anatomy indicated There was however very little disagreement on the fact that gender identity generally is established very very firmly almost immediately by the age of 3 to 4 years Dr Ihlenfeld also states that gender identity pervades ones entire concept of ones place in life of ones place in society and in point of fact the actual facts of the anatomy are really secondary MT v JT In response to this testimony the defendant called as an expert witness Dr T a medical doctor who was the defendants adoptive father Over the plaintiffs objections he was allowed to testify Dr T held that sex was classified at birth according to sexual anatomy He stated that in his opinion the plaintiff was still male because she did not have female organs The trial judge noted that the defendant
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