J'Noel Gardiner may have a Wisconsin birth certificate that says she's a woman.

J'Noel Gardiner may have a Wisconsin birth certificate that says she's a woman, further she's still a man in Kansas. The Kansas first court ruled in March that Gardiner--who underwent sex reassignment surgery a decade ago--is not a woman, was not legally married to her late husband, Marshall, and is therefore not entitled to half of his $25 million estate.

"I think it worked abroad like Marshall would have wanted," said Marshall's son Joe Gardiner, who will inherit everything. He affirms his father didn't know about J'Noel's past until after he married her--claim she denies.

"It strikes me as the highest court trying to bury its head in the sand and ignore the reality of 21st-century science and medicine," said Jennifer Middleton of the Lambda Legal Defense and Education permanent fund which has been working with Gardiner. "More importantly, it ignores the reality of J'Noel's life."

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