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Gender change does not void Indiana marriage

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Indiana law does not automatically void a marriage if one of the parties later is legally recognized as the same gender as the spouse, the Indiana Court of Appeals ruled Friday.

The issue arose in In Re the Marriage of Melanie Davis and Angela Summers, 53A01-1305-DR-221. Melanie Davis filed a petition to dissolve her marriage with Angela Summers in 2012. The two were married in 1999 when Davis was living as David Paul Summers, and they have one child. In 2005, Davis petitioned the Marion Circuit Court to change her name and birth certificate to recognize that she is female. Davis has “gender dysphoria,” which is a disorder of people whose gender at birth is contrary to the one they identify with.

Davis’ birth certificate was changed in October 2008.  

The trial court originally approved of the provisional order for dissolution, but then sua sponte issued an order that the marriage became void when Davis’ birth certificate was changed to female based on I.C. 31-11-1-1. That statute prohibits same-sex marriage. The trial court dismissed the petition for dissolution.

“Simply said, there is nothing in the Indiana Code chapter dealing with void marriages that declares that a marriage that was valid when it was entered into becomes void when one of the parties to that marriage has since changed his or her gender,” Judge Paul Mathias wrote.

“To conclude that the parties’ marriage somehow became void when the gender was changed on Davis’s birth certificate would permit Davis to effectively abandon her own child, even though the parties were validly married at the time of the child’s birth and even though Davis is the child’s father. It would also leave the parties’ child without the protection afforded by Indiana’s dissolution statutes with regard to parenting time and child support. We do not think that our General Assembly intended such a result.”

Mathias pointed out in a footnote that the trial court ruling could terminate her parental rights, something Davis does not want.
 

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  • epistemology
    just because there are foothills does not mean there are not mountains. concepts are based on generalizations and just because they have some exceptions does not make them per se invalid. the same fallacy applied to the silly notion I sometimes hear that "there is no such thing as race" will soon be applied to sex/gender, ie, its all "socially constructed." in this way, paradoxically, exceptions are used to undermine valid generalizations (like the "male/female" duality) and then the useful social arrangements based on such generalization gets shattered. Somebody wants things to happen that way, you don't reverse a nearly universal human concept that's been around as long as civilization itself by accident or some new fangled "insight." The ancients knew about hermaphrodites as much as we do and they didn't see fit to toss male/female overboard so why should we. The name itself comes from a pagan greek godling, the progeny of hermes and Aphrodite.
  • Oops
    Oops, I meant "repent" not recent. Instead of arguing biology, James, throw yourself into post modern sociology with the Colorado College that now recognizes five genders for Title VII purposes.
  • Room 101 is indicated
    James, What you have written below is dangerously close to stating that 2+2=4 or that you do not love Big Brother. A trip to Room 101 may be in order, but first we shall find you flirting with mental illness and force you to watch this for 48 hours with your eyelids glued wide open: http://www.pbs.org/wgbh/nova/body/fausto-sterling.html Such rational, scientific and traditional thought is a threat to the Soros World Order that some in judiciary are dedicated to building in our midst. Recent or be found lacking character and fitness to be an officer of the court.
    • NOT ANSWERED OR ADDRESSED BY COURTS: IF DAVIS STILL HAS X & Y CHROMOSOMES, IS DAVIS IN REALITY STILL A MALE OR SOMEHOW NOW A FEMALE BECAUSE OF APPEARANCE?
      Trial Court and Court of Appeals did not address what may be the fundamental issue of this case (and may make the whole business moot)-- does one undergoing cosmetic surgery and hormone therapy but still retaining an X and Y chromosome (or an X and Y Y chromosomes) which does not change and which Davis to have and still does have since he/she fathered children, become a female? Likely this was not raised in the Courts and they may not wish to go there because of the troubled waters involved. These are genital ambiguity or so-called inter-sex condition at birth but with X and Y chromosomes. These babies are usually raised as girls and may have surgery and hormones. Courts may find it easier to avoid this whole area.

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      1. Can I get this form on line,if not where can I obtain one. I am eligible.

      2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

      3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

      4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

      5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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