Two Lesbians Marry on 9/16/00
Press Releases and Media Articles on Issue 
Using Littleton v. Prange Decision


Media Stories

Dallas Morning News
08/28/00
San Antonio Express-News
08/29/00
Houston Chronicle
08/30/00
Dallas Morning News
09/07/00
San Antonio Express-News
09/07/00
Houston Chronicle
09/07/00
Washington Post
09/07/00
Seattle Post-Intelligencer
09/07/00
Daily Texan
09/07/00
Houston Press
09/14/00
San Antonio Express-News
09/17/00
San Antonio Current
09/14/00
Houston Chronicle
#1 - 09/17/00
Houston Chronicle
#2 - 09/17/00
Related Story San Antonio Express-News
09/21/00

As a result of the story on the AP wire, newspapers all over the country carried the story on 09/07/00 -- aside from the major Texas papers, we selected one from the East coast and one from the West coast along with a UT-Austin newspaper article to reproduce here. All the nationwide articles are factually similar, but with editing differences. 

Media Press Kit from 09/06/00 Press Conference


LESBIANS SEEK LEGAL MARRIAGE USING RECENT TEXAS DECISION

DATE OF RELEASE: 15 August 2000
CONTACT: Phyllis Randolph Frye
prfrye@aol.com 
713-723-8368

PRESS CONFERENCE: Wednesday, 6 September 2000, 2:30 PM
LOCATION: North Stairway Entrance to original Bexar County Courthouse
100 Dolarosa Street, San Antonio, Texas

SUBJECT:
LESBIANS SEEK LEGAL MARRIAGE USING RECENT TEXAS DECISION: EXPECT CLERK'S OFFICE TO FOLLOW THE LAW

Ms. Jessica Wicks and Ms. Robin Wicks love each. So much so that Robin changed her last name to Wicks several months ago. Jessica is a male to female transsexual and was born as Grady Roland Wicks with an "M" on her birth certificate. Robin was born with an "F" on her birth certificate. They live in the area of Houston, Texas.

Three weeks ago, with certified copies of their birth certificates in hand and with a copy of the recent Texas appeals court decision, LITTLETON V PRANGE, 9 SW3d 223, they went to the Harris County Clerk in Houston, Texas, for a marriage license and were denied. The Clerk's office said the two women were of the same sex and that Texas Family Code 2.001(b) prevented the issuance on a marriage license. The Harris County Clerk's office was not interested in following the law as dictated in the LITTLETON decision.

Afterwards, the two Ms. Wicks' called their attorney, Phyllis Randolph Frye, who after hearing the accounting, reminded them that the Harris County Courthouse and Judiciary are no longer even a little bit friendly to transsexuals. (See Tim Fleck, "What's In a Name [and Sex] Change?" HOUSTON PRESS 17 june 1999, page 11. Also see Susan Borreson on same issue in the TEXAS LAWYER Vol. 15, No. 15, 21 June 1999, and in the NATIONAL LAW JOURNAL vol. 21, No. 46, 12 July 1999.) "The last time I was in a Harris County Court was with a transsexual client. He was a hormone altered, muscular, bearded and handsome female to male transsexual. Even so, the Court's judge repeatedly called him a 'her' and continuously referred to me as 'Mister' Frye," Ms. Frye told Jessica and Robin.

But then neither are the 4th Texas Court of Appeals (San Antonio) or the Texas Supreme Court -- friendly to transsexuals, that is. In the 1999 LITTLETON case, a forty-plus year old, male to female transsexual, who had genital corrective, reconstruction surgery over twenty years prior, who married her husband (with his prior knowledge of her corrective surgery) and lived happily with her husband for almost seven years before his death, and who sued a physician for alleged medical malpractice causing the death of her husband, was told by the 4th Texas Court of Appeals in San Antonio in that 1999 decision that her and her husband's respective genitals (vagina-penis) were irrelevant in the legal determination of whether the marriage was a legal, opposite sex marriage. The 4th Court stated that chromosomes were controlling instead of genitals.

As neither this woman nor her dead husband had ever had their chromosomes tested, the 4th Court then presumed from her original birth certificate with an "M" and then presumed still further about the husband's to also be with an "M" (the 4th Court never saw her husband's birth certificate either) that the couple were both born with XY chromosomes and were of the same legal sex. (The court's presumptions completely ignored the 20,000 to 800,000 Texans who are intersexed with neither XX or XY chromosomes.) Twice, the Texas Supreme Court was asked to hear this matter, and twice it refused. 

Last month, attorney Alyson Meiselman of Maryland and attorney Frye filed a Petition for Writ of Certiorari before the US Supreme Court in the LITTLETON matter. (For details see Adolfo Pesquera, "Lawyer Ponders Effects of Transsexual's Case" in SAN ANTONIO EXPRESS NEWS, 9 Ap 2000, page 7B. For the 4th Court's 1999 decision, the Meiselman-Frye Petition for Writ of Certiorari to the US Supreme Court, and other medical and legal information on the LITTLETON matter, go to http://christielee.net .)

With the hostility of Harris County; with the LITTLETON decision being from Bexar County (San Antonio); with Texas Family Code 2.001(a) stating that a marriage license can come from ANY county of the state; and with a phone call by attorney Frye to the Bexar County Clerk's office to confirm it will issue a marriage license to Harris County residents using birth certificates as identification; Ms. Jessica Wicks and Ms. Robin Wicks plan to apply for that marriage license on Wednesday, 6 September 2000 at 2:30 PM, and afterwards hold a press conference on the north stairway entrance to the original Bexar County Courthouse, 100 Dolarosa Street, San Antonio, Texas.

At that time, Jessica and Robin, attorney Frye and Ms. Sarah DePalma (of the Texas Gender Advocacy and Information Network, TGAIN, Ms. DePalma is available at rhost@flash.net) will present themselves for follow-up to this press release and answer questions.

Because the LITTLETON decision clearly states that genitals do not matter, but that chromosomes matter instead; and because the LITTLETON decision clearly shows that chromosome testing is not a requirement since it can be presumed from the original birth certificate that an "M" has XY and an "F" has XX; and because the LITTLETON decision ignored the possibility that either Jessica or Robin could be one of the 20,000 to 800,000 Texans who are intersexed and have neither XX or XY; Jessica and Robin anticipate that the Bexar County Clerk WILL FOLLOW THE LAW as interpreted by the LITTLETON decision and grant these two woman a legal, opposite-sex marriage license.

We do not expect a problem from the Bexar County Clerk's Office. We assume that they are familiar with the LITTLETON decision since it came from the 4th Texas Court of Appeals located in the adjacent building just next door. AND WE ASSUME THAT THEY WILL FOLLOW THE LAW AS INTERPRETED BY THAT 4TH TEXAS COURT OF APPEALS AND AS WAS COMPLETELY IGNORED, TWICE, BY THE TEXAS SUPREME COURT. After all, if the Texas Supreme Court is not concerned that genitals are no longer the legal test for the legal determination of sex, then why should the Bexar County Clerk!

Jessica and Robin plan to be married ten days later on Saturday, 16 September, at an annual festival celebrating Mexican Independence Day that is sponsored by the San Antonio Equal Rights Political Caucus, SAERPC. Jessica and Robin are making plans at this time and hope to have an ordained minister marry them. Witnessing the legal marriage of this loving lesbian couple will be the lesbian, gay, bisexual, transgendered and supportive straight friends.

(For more information on the wedding plans or about SAERPC, contact Tere Prasse at tere@amcinet.com .)

END


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