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FTM Wins Victory in Custody Case
By Greg Hernandez
Los Angeles Times Staff Writer
Contributed by Marianne Rivers
ORANGE COUNTY, Ca.
November 26, 1997
A judge ruled Tuesday that a transsexual embroiled in a child custody
battle must be legally recognized as a male, a decision that paves the
way for the case to proceed to trial sometime next year.
"We couldn't be happier," said Taylor Flynn, an American Civil Liberties
Union staff attorney who is representing Joshua Vecchione in a battle to seek
joint custody. "This ruling means that Joshua has rights equal to those of
any parent.
The court's opinion recognizes that blood doesn't make a family, love
does." Vecchione, 40, of San Clemente, was born a female and called
Janine until undergoing sex change surgery 20 years ago. He and Kristie
Vecchione, 27, of Rancho Santa Margarita, were married in 1990 and
divorced five years later. During the marriage, Kristie Vecchione gave
birth to a daughter, now 3, who was conceived through artificial
insemination using sperm from Joshua Vecchione's brother.
Kristie Vecchione and her attorney, Larry Ross, could not be reached for
comment Tuesday. They had argued in court that the marriage was invalid,
maintaining that despite the operation, Joshua Vecchione is still a female
and California doesn't recognize same-sex marriages.
Kristie Vecchione maintains she did not know that her former husband was born
a woman but thought he was born with the genitalia of both sexes. She has
said it was not her choice to marry a transsexual.
Her former husband insists that his ex-wife knew all along about his
history and is only now using the information as a "weapon" to try and
deny him joint custody of their daughter.
In a written opinion, Orange County Superior Court Judge Gary Ryan wrote that
California recognizes the postoperative gender of all transsexual people.
No trial date has been set for the custody case.
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