Commentary on the Littleton Case
TX Supremes Flush Vagina/Penis
On Thursday, 18 May 2000, the State of Texas took on the look of just plain SILLY!
The Texas Supreme Court (all elected Republicans) denied the Motion for Rehearing in the matter of Mrs. Christie Lee Littleton. Filed by out-and-proud, TG attorneys Alyson Meiselman (Maryland) and Phyllis Randolph Frye (Texas), the Motion's denial ended the final step available in Texas to appeal the silliness of a case published as LITTLETON V PRANGE and found at 9 S.W.3d 228.
Why silly? In denying even the chance to be heard, the Texas Supremes upheld the lower court which ruled that a person with a vagina cannot be legally married to a person with a penis if the court presumes that their chromosomes are the same. No testing was ever done.
Even though the lower court's decision was in violation of Texas law and the "Code of Medical Ethics" of the American Medical Association as to the confidentiality of genetic information, the Texas Supremes (all elected Republicans) refused to even hear it.
Even though the lower court's 1999 decision was in conflict with a 1991 federal decision covering a near identical fact pattern, with nearly the same issues, covering the same Texas laws and using the same caselaw references, the Texas Supremes (all elected Republicans) refused to even hear it.
Even though the lower court's decision was juxtaposed against over twenty years of numerous prior state actions done for and to Mrs. Littleton, the Texas Supremes (all elected Republicans) refused to even hear it.
And even though the lower court's decision was in violation of the Texas Constitution, and numerous provisions of the U.S. Constitution, the Texas Supremes (all elected Republicans) refused to even hear it.
Notice please that it was worse than just listening, considering and then ruling in favor of supporting the lower court's silly decision. No, the Texas Supremes took the election-year (all elected Republicans) way out and DID NOT EVEN HEAR IT!
So what happens next?
Meiselman and Frye are already setting their calendars to work with their volunteer, national legal team and present a Writ of Certiorari to the U.S. Supreme Court in August, 2000.
"It's just so damned unnecessary," says Frye. "This case is going to come around on down the road of time and bite a lot of people in the butts. The irony is that most of folks to be hurt in the future will NOT be the transgendered. Indeed, a good share of the future-butt-bitten will be conservative Republicans. If it was not so sad for Mrs. Littleton, I could almost laugh!"
Twenty years ago, Mrs. Littleton had genital corrective surgery and hormone therapy to correct birth differences so that she appeared as the vaginaed woman that her brain had told her she was since early age. Ten years ago, she married a man, he knew of her past, and they live happily with lots of vagina/penis intercourse for seven years. As Mrs. Littleton says, "My husband and I never used our chromosomes to have sex." While he was temporarily ill and unemployed, the Texas Attorney General even forced her, as his legal wife in a community property state, to pay his child support.
The husband died three years ago from an alleged medical malpractice. The courts have prevented Mrs. Littleton from suing the doctor, presuming (neither were ever tested) that she and her husband had matching chromosomes and so were of the same legal sex. (The story with photos is at http://christielee.net.)
It was a homophobic display by all elected, Republican judges of an anything, everything, even foaming at the mouth and wide-eyed radical right religious "by our Creator" determination, to keep a same-sex marriage of any configuration whatsoever from ever occurring. Please read the silly thing at 9 S.W.3d 228. (A copy is at http://christielee.net.)
As a result of this lower court's decisions, and the Texas Supremes (all elected Republicans) decision to not even hear the case, it will be just a matter of time before NON-transsexuals begin to feel the adverse results. It will not happen immediately, but in time, people will begin to have chromosome tests before they get married to protect themselves from a LITTLETON-type ruling someday in the future. For if not, later on down the road of time, say at death time (as the case of Mrs. Littleton's husband) or divorce time when lots of money or children are involved, smart trial attorneys will use LITTLETON V. PRANGE to presume chromosomes and try to void the marriage from ever having happened and boot out the aggrieved party as was Mrs. Littleton. If those smart attorneys do not, the chances are good that they will be sued for malpractice if their client loses and they did not try a LITTLETON chromosome presumption.
Between 20,000 and 800,000 Texans are intersexed and do not know it. Many of them are also conservative Republicans. Their chromosomes are neither XX nor XY. What do they do when they discover their marriage is now void and their adopted or surrogate kids may not be theirs? Or they are on the short end of what had been community property but now is back to separate property. Or they cannot sue for wrongful death of their spouse (as happened to the vaginaed Mrs. Littleton). There are a multitude of more adverse effects that can visit the NON-transsexual population of Texas in the future. Visit http://christielee.net.
These NON-transsexuals can always thank the Texas Supreme Court (all elected Republicans) for not even hearing the case. And many can blame themselves for voting a straight party slate at election time and not bothering to learn what so-called religious, extremist nuts are backing each down-ballot judicial candidate. This decision by the lower court (of all elected Republicans) and the refusal to even hear the merits on rehearing (by all elected Republicans) has nothing to do with a Republican perception of being economically conservative. No, this has to do with pure and hateful homophobia, vented at the benches of our legal system in preventing a grieving spouse from ever telling a jury how her spouse was wrongfully deceased. Not even a day in court.
But while each of you are thinking about it or just waiting to see what happens, play it safe by ...
... having sex with your chromosomes instead!
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Last revised: Friday, May 19, 2000 06:11 PM
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