Does a Marriage Really Need Sex?: A Critical Analysis of the Gender Restriction on Marriage

This Note discusses the issues surrounding intersex persons and the right to marry. The Comment first discusses the constitutional protection of the right to marry, intersex conditions, and case law regarding intersex, transsexual, and same-sex marriage. It further addresses the consequences for marriage when it is narrowly defined. Further, the Comment proposes an alternative solution to the one many courts have used. This solution allows an intersex person to self-designate her gender and be able to marry either a man or a woman. Finally, this Comment argues that if an intersex person can marry either a man or a woman, then a male-to-female transsexual and a genetic woman must also be able to marry either a man or a woman because all are similarly situated and must be treated alike under the Equal Protection Clause of the Fourteenth Amendment