M. T. v. J. T.

The opinion of the court was delivered by

Handler, J. A. D.

This appeal presents the portentous problem of how to tell the sex of a person for marital purposes. Involved is a post-operative transsexual, born a male but now claiming to be a female.

The case started inauspiciously enough when plaintiff M. T. filed a simple complaint in the Juvenile and Domestic Relations Court for support and maintenance. The legal issue sharpened dramatically when defendant J. T. *79interposed the defense that M. T. was a male and that their marriage was void. Eollowing a hearing the trial judge determined that…