## Facts

- Michael J. Kantaras was born female in 1959 and later legally changed his name and underwent medical transition, including hormonal treatment, hysterectomy, and double mastectomy.
- Michael met Linda G. Kantaras in 1988; Linda knew of Michael’s medical history.
- In 1989, Linda gave birth to a son conceived with a prior boyfriend.
- In July 1989, Linda and Michael obtained a Florida marriage license, with Michael representing he was male, and they married.
- In 1989, Michael petitioned to adopt Linda’s son as her husband; the adoption was granted.
- In 1992, Linda gave birth to a daughter conceived through artificial insemination using sperm from Michael’s brother.
- In 1998, Michael filed for dissolution of marriage and sought custody of both children; Linda counter-petitioned for dissolution and/or annulment, asserting the marriage was void as a same-sex marriage and challenging the legal status of the adoption and parentage.
- After trial, the trial court found Michael was legally male at the time of marriage, upheld the marriage’s validity, and awarded him primary residential custody of both children.

## Issues

1. Whether, under Florida law then in force, a postoperative female-to-male transsexual person could be considered legally male for purposes of entering a valid marriage with a woman.
2. Whether the trial court erred by treating the marriage as valid and issuing dissolution and related custody rulings premised on that validity.

## Decision

- The appellate court reversed the final judgment of dissolution.
- The court held Florida law did not permit the marriage, and remanded with instructions to declare the marriage void ab initio.
- Because the custody and related determinations were premised on a valid marriage, the case was remanded for further proceedings consistent with the determination that no valid marriage existed.

## Legal Principles

- Under the Florida marital statutes applicable at the time, marriage was limited to one man and one woman, and the statutory scheme provided no mechanism to reclassify sex for marital eligibility based on medical transition.
- For purposes of applying those statutes, “male” and “female” were treated as biological classifications fixed at birth, absent legislative direction to the contrary.
- Courts may not alter statutory marriage eligibility rules based on evolving medical or psychological views when the legislature has not enacted corresponding changes; such policy choices are for the legislature.
- When a trial court’s family-law rulings rest on an erroneous determination that a valid marriage exists, reversal and remand are required to address custody, parent-child status, and related matters under the correct legal framework.

## Conclusion

The court held that Florida law at the time did not recognize a postoperative trans man as legally male for purposes of marrying a woman, reversed the dissolution judgment, and directed the trial court to declare the marriage void from its inception and to reconsider related family-law issues accordingly.


Kantaras v. Kantaras, 884 So. 2d 155 (Fla. Dist. Ct. App. 2d Dist. 2004)