Legal Update - September 2004

“Setting new precedents in the battle against same-sex marriage!”

Dear Friend,

As you’ve heard me say before, the struggle to preserve our religious freedom, the sanctity of human life and the traditional family is a winnable battle.

And what I’m about to share with you should encourage you, and help you understand why I never get discouraged by the enormity of the challenge.

A classic example of the opposition we face and the victory achievable by God’s grace is revealed in the story of Linda Kantaras.

Only a few weeks ago in Kantaras v. Kantaras, we won a huge victory for the family and traditional marriage that has international impact. In this case, a Florida appeals court issued a 3-0 decision rejecting a same-sex marriage by ruling that a transsexual may not marry a person of the same birth sex.

The Kantaras case is one of five such cases ever decided in America, and one of approximately ten decided in the world. The Kantaras case is an example of a building block designed to change the culture.

The case began with Margo Kantaras who was born female in Ohio. Long after reaching adulthood, she watched a program on MTV about “sex change surgeries.” She soon traveled to Texas and changed her name from Margo to “Michael” (whom I will call “MK”).

MK began taking testosterone in order to develop male characteristics, and then underwent a complete hysterectomy and mastectomy. Without getting too graphic, let me say that MK retains her female genitalia and obviously lacks male genitalia (believe me, I’ve learned more about these so-called “sex change” surgeries than I ever wanted to know).

MK then moved to Florida, where she met Linda, who was in the process of breaking up with a man with whom she bore a son. Linda was attracted to MK, more emotionally than sexually. MK told Linda she was now legally “male,” obtained a marriage license and the two married. Linda then gave birth to a daughter by means of artificial insemination from a third party donor.

Linda began a quest to satisfy the void in her soul that only Christ can fill.

However, MK would not allow Linda to attend church, so she began meeting a friend at a local fast food restaurant to study the Bible, and one day she accepted the Lord as her Savior. Within a day or two, Linda felt convicted that her relationship with MK was wrong, and she informed MK.

MK then filed for “divorce” and sought custody of Linda’s children.

MK received free representation by the liberal National Center for Lesbian Rights, which is headquartered in San Francisco. The Legal Director for this group, Shannon Minter, is a transsexual who was born female and underwent plastic surgery to look “male.” This lesbian and transsexual organization sought to make this case into an international precedent for the purpose of abolishing gender.

Unable to afford her own representation, Linda obtained counsel from a court-appointed attorney who neither had the time nor the expertise for this kind of case.

Linda was clearly out-gunned from the beginning.

The mismatch became evident when Judge Gerard O’Brien wrote in his 800-plus-page opinion: “Some jurisdictions prefer to remain in their 19th Century understanding of binary sex that saw male and female as distinct, immutable and opposite.”

Relying on international law, Judge O’Brien declared that
gender is primarily in your mind, not your biology or physiology.

Thus, despite the indisputable fact that MK is female, Judge O’Brien ruled that the law should deem her “male” for purposes of marriage. In other words, the judge reasoned, people can change their sex like one changes clothes.

Even worse, Judge O’Brien removed the children from their mom, Linda,
with whom they wanted to live, and placed them with the transsexual.

Why? Because he said MK had “harmonized” her body through plastic surgery “to match her mind,” but Linda’s Christian beliefs were now the problem because Linda would not accept lesbianism or transsexualism. The judge felt that Linda’s Christian beliefs would drive a wedge between her children and MK.

This case was widely reported throughout the world, promoted on homosexual and transsexual websites as groundbreaking, and praised as setting forth the blueprint to abolish gender.

Well, the celebration by these groups has ended.

Following this devastating decision, Linda called Liberty Counsel and we agreed to take over her representation. We invested over 1,000 hours of staff and legal intern time on this case, prepared extensive legal briefs, and I argued the case on February 17.

A few weeks ago, we achieved victory!

The court ruled the “marriage” invalid under Florida’s Defense of Marriage Act (a law which I personally drafted that limits marriage to a man and a woman), stating that a person’s gender is “immutable” and that Florida law bans same-sex marriage. The court concluded, as we had argued, that marriage policy is a matter for the legislature, not the courts.

When I called Linda to inform her that we won the appeal, she screamed with excitement and began to sob.

Christ has transformed this once broken woman. She is not the same person she used to be. As the Bible promises, Linda is a new creation in Christ. The old has passed, and her life has been renewed (2 Cor. 5:17). Tragedy has turned into triumph. A case precedent that was intended for evil has been turned into good. Over 150 news articles appeared worldwide on this story within 2 days of the ruling.

Following this tremendous victory, we must now return to the trial court to effectuate the ruling by the appeals court and have the children officially placed with their mom where they belong. The other side has also stated to the media they plan on asking the Florida Supreme Court to reverse this case.

We cannot allow this to happen. We will continue to defend this important victory!

Please keep the staff and the ministry of Liberty Counsel in your prayers. This case is a huge setback to the homosexual and transsexual agenda. Media coverage of a case like this usually increases the amount of hate emails and homosexual pornography we receive at the office. Also, we ask that you pray for Linda and her children.

From my vantage point I see God at the helm of this ship. Waves might crash against our boat, but if we remain faithful and on course, we can break through one adverse wave at a time.

In addition to the Kantaras victory, we received a great victory a few weeks ago when a federal court of appeals upheld Florida’s ban on homosexual adoption against a challenge brought by the ACLU.

Within the past few months, we have also resolved scores of cases around the country protecting the rights of churches, the rights of pastors to speak out on political issues, the rights of Christian clubs and organizations to meet in public facilities, along with a long list of others matters.

As you know, we have now opened our branch office and launched the Center for Constitutional Litigation and Policy at Liberty University School of Law in Virginia. The law school’s first class began a few weeks ago.

I celebrate these victories and so many more knowing that they are made possible by people just like you, who know they are extending their reach into every major cultural battle in America by partnering with us financially.

You help make it possible for us to step in and help someone like Linda—whose case has impacted and set precedents on an international scale!

Had the Egyptian architects considered only the magnitude of their building projects, they likely would have become emotionally paralyzed. Instead, they remained focused and built those massive Pyramids one stone at a time.

Similarly, the enormity of the challenge cannot discourage us if we will keep in mind the vision while pressing forward in the cultural battle one case at a time.

We must keep our eye on the mission, maintain our course, and press ahead because together, we are winning!

Pressing Onward,

Mathew D. Staver

PS: Thank you for partnering, and please continue to partner, with this ministry financially to extend your reach to every major cultural battle in America. Together we are winning and changing the culture one case at a time.