Quote:
Originally Posted by Inelpaso
If a male and female married in a state where gay marriage was not allowed and one has a sex change operation, would that affect the legal status of the marriage? 
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No case law exists to answer that question. Such an operation provides justification for the manner the marriage is disolved, but that requires action by one of the parties to the marriage.
The closest case law comes to providing an answer is that of the probate of the estate of Jonathon Mark Littleton. Christie Lee Cavazos had been born Lee Cavazos, Jr, but from a very young age considered herself a girl. She had surgery after years of therapy and transition, and changed her legal identity and birth certificate sex to female. She married Littleton with his having full knowledge of her transistion, and the lived together, having sex, for seven years. After his death, Christie Lee, acting for his estate as his heir sued the doctor who she argued had caused her husband's wrongful death. The doctor asked for a summary judgement that she had no standing because she was the same sex as her husband and thus the marriage was invalid, and thus she had no legal standing to represent his estate interests.
The Texas district court that heard the case ruled that one's sex was determined by the presence or absense of a Y chromosome, thus invalidating the marriage.
See
Intersex Initiative: Littleton v. Prange (1999)
This led to that Texas district being the home of gay marriage for those who have undergone transition to the opposite sex and then married someone of their new sex. As well as people with various intersex conditions, such as a XY AIS woman marrying a XX woman.
Thus, in that Texas district, the marriage between a two people who subsequently underwent sex change transition would still be valid no matter what the legal records showed for either of them. Furthermore, they could diverse and remarry in that district, while in other Texas districts they could divorce, but would be prohibited from remarrying.
Kansas courts have concurred, so in Kansas the marriage would remain valid as a marriage between a man and a woman.