In Re the Marriage of Melanie Davis and Angela Summers
1 N.E.3d 184
| Ind. Ct. App. | 2013Background
- Davis, formerly David Paul Summers, and Summers were married in Indiana in 1999 and have a child born in 2005.
- Davis was diagnosed with gender dysphoria and sought a name change to Melanie Davis; the Marion County court granted the name change in 2005 and amended the birth certificate in 2008 to reflect Davis as female.
- The parties separated in 2008, and Davis filed a petition for dissolution in 2012; Summers did not oppose the petition.
- In 2013 the trial court voided the marriage as of October 21, 2008, relying on Indiana Code 31-11-1-1's prohibition on marriages between different genders.
- Davis appealed, arguing the marriage should not be automatically voided by a later gender change and that the court lacked jurisdiction to dissolve a non-marriage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does IC 31-11-1-1 void a valid marriage automatically after one spouse changes gender? | Davis argues the statute does not void a marriage merely due to gender change. | Summers argues the marriage became void under 31-11-1-1(b) when both parties became female. | Not automatically void; remand for proper statutory interpretation. |
Key Cases Cited
- City of North Vernon v. Jennings Nw. Reg’l Utils., 829 N.E.2d 1 (Ind. 2005) (statutory interpretation guidance on harmonizing provisions)
- Williams v. Williams, 460 N.E.2d 1226 (Ind. Ct. App. 1984) (void marriage principle)