Clearwater, FL – Last Friday, June 10, the precedent-setting transsexual “marriage” case of Kantaras v. Kantaras ended with a court order annulling a “marriage” between a transsexual and a biological mother of two children. A court-approved settlement that was agreed upon following mediation returns the two children to the primary care of their biological mother, Linda Kantaras, now known by her maiden name of Forsythe. Ms. Forsythe is represented by Mathew D. Staver, President and General Counsel of Liberty Counsel.

In 2003, Judge O’Brien stated in a ruling that the notion of two genders is an outdated, 19th Century, stereotypic concept. He further ruled that Michael Kantaras, who was born female under the name Margo, could marry another female because later in her adult life, she underwent a hysterectomy and mastectomy and was treated with testosterone. The Judge also took Linda’s biological children and placed them with Michael, who had adopted one of them. This ruling was cited worldwide as a groundbreaking decision on transsexual web sites. However, that decision was overruled in 2004 by a Florida court of appeals, which ruled that a person may not marry another person of the same birth sex. The court further ruled that Florida bans same-sex marriage and thus the “marriage” was void. The case was sent back to Judge O’Brien to annul the marriage and to resolve the custody of the children.

Faced with more litigation over the disposition of the property and the children following the voiding of the marriage, the parties mediated the remaining issues with Mediation, Inc. After two and a half days of mediation, a settlement was reached and approved by the court on June 10. On that date, Judge O’Brien entered an order voiding the marriage, stating that it was annulled and of no legal effect because it never existed under Florida law. In addition, the order restored Linda’s maiden name to Forsythe. The court also approved the mediated settlement, which returns the children to the primary care of their mother. The children are now 13 and 15.

Staver said, “Linda is exuberant to have her children back in her life. For the past two and a half years, Linda has had very little say in the children’s lives. The damage that was inflicted can now begin to heal. The issues were complicated and could have been ultimately resolved by the courts, but the children need stability and security and they need it now, not later. Mediation brought about a final result much quicker, especially at a time in these children’s lives when time is precious. Following on the heels of the historic ruling by the court of appeals upholding marriage as between one man and one woman, the return of the children to their mother will bring certainty and stability to the children.”