IN RE ESTATE OF GARDINER

No. 85,030.

273 Kan. 191 (2002)

42 P.3d 120

IN THE MATTER OF THE ESTATE OF MARSHALL G. GARDINER, Deceased.

Supreme Court of Kansas.

Opinion filed March 15, 2002.


Attorney(s) appearing for the Case

Sanford P. Krigel, of Krigel & Krigel, P.C., of Kansas City, Missouri, argued the cause, and Karen S. Rosenberg, of the same firm, was with him on the briefs for appellant, J'Noel Gardiner.

William M. Modrcin, of Morrison & Hecker, L.L.P., of Kansas City, Missouri, argued the cause, and David G. Watkins, of the same firm, and John F. Thompson, of Davis, Beall, McGuire & Thompson, of Leavenworth, were with him on the briefs for appellee, Joseph M. Gardiner, III.

Aronda Strutt Kerns, of Wichita, and Patrick T. Gillen, of Thomas More Center for Law & Justice, of Ann Arbor, Michigan, were on the brief for amicus curiae Thomas More Center for Law & Justice.

Lisa Nathanson, of American Civil Liberties Union of Kansas and Western Missouri, of Kansas City; Doni Gewirtzman, Ruth E. Harlow, Beatrice Dohrn, and Evan Wolfson, of the Lambda Legal Defense and Education Fund, Inc., of New York, New York; and Pamela Sumners, of the American Civil Liberties Union of Illinois, of Chicago, Illinois, were on the brief for amici curiae Gender Public Advocacy Coalition and American Civil Liberties Union of Kansas and Western Missouri.


The opinion of the court was delivered by

ALLEGRUCCI, J.:

J'Noel Gardiner appealed from the district court's entry of summary judgment in favor of Joseph M. Gardiner, III, (Joe) in the probate proceeding of Marshall G. Gardiner. The district court had concluded that the marriage between Joe's father, Marshall, and J'Noel, a post-operative male-to-female transsexual, was void under Kansas law.

The Court of Appeals reversed and remanded for the district...

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