In re Declaratory Relief for Ladrach

The singular issue before the court is whether a postoperative male to female transsexual is permitted under Ohio law to marry a male. More simply stated, the issue is whether two individuals, biologically and legally of the same sex at birth, may contract to marry each other?

The sequence of events that resulted in the case at bar started inconspicuously with the filing of a Petition for Change of Name by Edward Franklin Ladrach on April 22, 1986, being case No. 125097. On the same day, the matter was heard by the court. (Hereafter, for purposes of clarity and notwithstanding the fact that…