Sent by Shannon Minter, NCLR
National Center for Lesbian Rights

NCLR and Equality Florida Press Release

FOR IMMEDIATE RELEASE
February 21, 2003
Tampa, FL

CONTACTS:
          Karen Doering, NCLR Staff Attorney and Consultant to Equality Florida,
          727/642-6580
Shannon Minter, NCLR Legal Director, 415/794-6694
         Collin Vause, Esq., 727/799-7529
          Nadine Smith, Equality Florida 813/781-6093

Florida Court Issues Historic Marriage and Custody
Decision for Transgender Dad

The National Center for Lesbian Rights and local attorney Collin Vause
represented Michael Kantaras in a divorce and custody case in which
Michael's wife asked the court to declare him a legal stranger to the
couples two children.

TAMPA, FL -- In a groundbreaking decision, Florida Circuit Court Judge
Gerard O'Brien ruled today that Michael Kantaras, a transgender man, is
legally male and was legally married to his former wife Linda Kantaras,
stating that "the Court has carefully reviewed all the pleadings, record
evidence, expert medical testimony, lay witness testimony and the
appropriate statutory authority for marriage in Florida and concludes the
overwhelming weight of evidence favors declaring the marriage valid."
Final Judgment at pp. 806-07. The court also awarded Michael primary
custody of the two children he and Linda raised together during their
marriage.

Judge O'Brien's opinion is one of a handful of decisions addressing
marriages involving transsexual spouses, and one of the first in the
United States to hold that such marriages are valid. The only states
with similarly favorable decisions are New Jersey and California; in
contrast, Texas and Kansas courts have held that marriages involving
transsexual individuals are void. Internationally, courts in a number of
countries have affirmed the validity of such marriages, including a very
recent decision by the Family Court of Australia upholding a marriage
between Kevin J., a female-to-male transsexual, and Jennifer, his wife.

After completing sex-reassignment, Michael Kantaras met and married his
wife, Linda in 1989. Linda was fully aware of Michael's transgender
status prior to the marriage and permitted Michael to adopt her then
three month old son. The couple later had a daughter through alternative
insemination. The Kantaras children are now ages 14 and 11.

When the couple divorced in 1999, the focus soon shifted away from the
best interests of the children and onto Michael's transgender status.
Linda argued that Michael should be considered legally female, their
marriage deemed void, and his parental rights stripped away. The three
week hearing, which included extensive testimony from medical experts,
was covered live by Court TV last January and February.

"I'm so relieved," said an exhausted Michael Kantaras. "Now my kids and
I can get on with our lives in peace."

"The court recognized that the two children in this case have a devoted,
loving father and need to maintain a relationship with both their
parents," said NCLR Staff Attorney Karen Doering, co-counsel in the case.
"This court recognized that Michael's transgender status has nothing to
do with his ability to be a good parent. Michael is a loving, responsible
father who also happens to be transgender."

According to NCLR Legal Director Shannon Minter, "To our knowledge, this
is the first transgender marriage case in the U.S. in which extensive
medical evidence was presented, including testimony from three of the
foremost experts on transsexualism in the country. As the Court has
recognized, the medical evidence overwhelmingly favors recognizing that
the law should accommodate transgender people so they can be productive,
functioning members of society. This includes permitting transgender
people to marry and raise children."

"This is not only a victory for the transgender community, it's a victory
for the Kantaras children who deserve to have their loving father remain
a part of their life," said Equality Florida Executive Director Nadine
Smith. "We all benefit when gender stereotypes and bigotry are
defeated."

The National Center for Lesbian Rights (NCLR) is a national law firm
dedicated to advocating for lesbian, gay, bisexual and transgender
individuals and their families. NCLR is working in partnership with
Equality Florida's Legal Advocacy Project to protect the rights of
Florida's LGBT community by seeking fairness and equal justice under the
law.

# # #

About NCLR
Founded in 1977 and headquartered in San Francisco, The National Center
for Lesbian Rights is a national law firm dedicated to advocating for
lesbian, gay, bisexual and transgender individuals and their families.
Each year NLCR serves more than 3000 clients in all fifty states. NCLR
is working in partnership with Equality Florida's Legal Advocacy Project
to protect the rights of Florida's LGBT community by seeking fairness and
equal justice under the law.

About Equality Florida
Founded in the mid 1990's and based in Tampa Florida, Equality Florida is
a statewide education and advocacy organization committed to ending
discrimination based on sexual orientation, race, class and gender.
Equality Florida informs and educates hundreds of thousands of people
across the state about lesbian, gay, bisexual and transgender concerns
through its news magazine Equality News, voter guides and its Online
Advocacy Center at eqfl.org.