Marriage: Gender and Conjoined Twins

Francisco Martin ricenter at igc.org
Mon Mar 15 15:31:06 PST 2004


A few weeks and months ago, Prof. Levinson and I asked about transgendered
persons marrying.  No one ever responded to this question.  If marriage is
a fundamental right, how can transgendered (or inter-sexed) persons marry
under a legal regime that allows only heterosexual marriage?  For those
opposed to gay marriage (e.g., Profs. Duncan, Kmiec), how do you all answer
this question?

And, here's another question.  In the case of inoperable conjoined twins,
can they even marry under a legal regime that disallows polygamy?  This is
not an unheard of question.  I believe that 21 states refused to marry the
conjoined sisters, Violet and Daisy Hilton.

Isn't the idea of heterosexual marriage based on a biologically faulty
conception of gender and personhood?

Francisco Forrest Martin



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