A bit off topic but this troubles me and I never manage to get really good answers to this one.
Supposing that "All citizens have the legal right to marry a member of the opposite sex" is both the letter and spirit of the current law...how does one resolve the following edge cases:
1) A naturally-born hermaphrodite who can pass equally well for either gender based upon dress. Can such a person marry someone of either gender, thus being a direct contradiction to the spirit of the law? Or can such a person just not get married, thus suffering a grave injustice? Must the person choose a gender and stick with it for his/her entire life (which seems a bit arbitrary), and will the person be forced to get a divorce, by the state, if (s)he changes his/her gender-facade after getting married?
2) If a man has a gender-changing surgery and becomes a woman, what gender can she then marry? Can she marry a man now that she is a woman? Or must she marry another woman and have an ostensibly homosexual relationship due to being genetically heterosexual?
Reflection upon these edge cases makes it seem to me that the distinction between men and women isn't quite as absolute as the law would make it out to be. Since these things can be a bit ambiguous or even change, it seems like the law should just not take gender into account (at least for the issue of marriage).