The Florida Supreme Court recently rejected an appeal in the case of Kantaras v. Kantaras. This denial of review causes the opinion from Florida's Second District Court of Appeals, which held that Florida does not recognize transsexual marriage, to remain in effect as good law. On July 23, 2004, the Second District Court of Appeals rejected transsexual marriage and held that marriage shall remain between one man and one woman.

The ruling from the Second District Court of Appeals stated that Florida agrees "with the states of Kansas, Ohio, and Texas courts in their understanding of the common meaning of male and female...to refer to immutable traits determined at birth."; The Second District also stated, " [We] must adhere to the common meaning of the statutory terms and invalidate any marriage that is not between persons of the opposite sex determined by their biological sex at birth."; Furthermore, the Court added that the question of whether transsexuals are authorized to marry a member of their birth sex "is a matter for the Florida Legislature and not the Florida courts to decide.";

Linda Kantaras sought to appeal an 809-page ruling issued by a lower court in Pasco County, Florida, which held that gender is primarily a "state of mind."; This lower court ruled that "Michael"; Kantaras (formerly known as Margo Kantaras) ("MK";), who was born a female, desires to be a man, and therefore, the marriage between MK and Linda did not violate Florida's Defense of Marriage Act, which limits marriage to only one man and one woman.

Mathew D. Staver, President and General Counsel of Liberty Counsel, commented, "The decision of the Florida Supreme Court to deny review in this case is a victory for traditional marriage and common sense. We are pleased that the ruling of the Second District will remain the law in Florida. Hormones and plastic surgery do not change a person's sex, which is an immutable trait fixed at birth. The ruling from the lower court that gender is a "state of mind"; was ludicrous and ignores the most fundamental tenets of biology. The appellate courts have now recognized that men and women are different and that the courts should not sit as superlegislators and create rights out of thin air."