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Suit Over Estate Claims a Widow is

Not a Woman

?
Issue
• Marshall Gardiner died of congestive heart
failure at age of 86
• Left behind $2.5 million to be divided between
wife J’Noel Gardiner and his son Joe Gardiner
• Problem: prior to 1994 J’Noel Gardiner was
Jay Noel Ball
• Kansas law declares same-sex marriages
invalid, but it does not address marriages
involving transsexuals
• So was J’Noel Gardiner a man or a woman at
the time of the marriage?

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What’s at Stake
• Sticky situation for Kansas Supreme Court
– What’s better condoning biological same-sex
marriage or only the appearance of one?

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Final Verdict
• "The Legislature has declared that
the public policy of this state is to
recognize only the traditional
marriage between 'two parties who
are of the opposite sex,' and all
other marriages are against public
policy and void”

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