Ananova:

A woman and a transsexual who was born a man have obtained a marriage licence, taking advantage of a court ruling that defines gender only by chromosomes.

Jessica Wicks and Robin Manhart Wicks, who took Jessica's surname this year, were allowed to pay $36 to get their licence, even though they consider themselves a same-sex couple.

However, because of a state appeals court ruling that said chromosomes, not genitals, determine gender, the two will be able to wed on September 16.

Phyllis Randolph Frye, an attorney for the Wicks, said the couple has advanced the rights of gays, lesbians and transsexuals across the country.

"We feel that this could open an equal protection argument from a legal standpoint because lesbian and gay couples can argue, 'Well, if this lesbian and gay couple can get married, why can't we get married?' "

Mr Frye would not disclose whether Jessica Wicks has actually had a sex-change operation or if she simply is taking hormones.

The Wicks, who live in the Houston area, had been denied a licence in their hometown by a clerk who considered their union to be same sex. But in San Antonio, Bexar County Clerk Gerry Rickhoff said the couple met the legal requirements for a licence.