Although Carter-Murphey, 60, adopted a feminine name and persuaded a state court to declare him a female in May 1998, genetic tests ordered by the judge in the divorce case showed that he-she is still a male.
Although Carter-Murphey had been declared a woman, the 4th State Court of Appeals in San Antonio later ruled in a separate case that sex is determined by chromosomes, not by birth certificate or court order.
Applying that rule, Millard ordered a genetic test last year, writing, "In short, once a man, always a man."
Carter-Murphey appealed but was denied by the 14th State Court of Appeals and the state Supreme Court. In March, Millard again ordered genetic tests, which showed that Carter is still Murphey – a male.
Millard's order Tuesday stated that Murphey, no matter what name he goes by, "is a biological male person and ... was a biological male person at the time the license was issued and at the time of the marriage ceremony."
