IOW he LIED about being a male with a gender ID mental issue.
Fraud, mistake, or illegality are all grounds for anulment.
this marriage is void as a matter of law
or at bets voidable as a result of fraud.
There is no dispute about the deception by this male upon another male.
I fully agree with you, but you have to wonder how, if the timeline is true about the “gender reassignment” surgery, the husband couldn’t know. But that’s irrelevant; two men can’t get married.
It gets more interesting:
http://www.chron.com/disp/story.mpl/metropolitan/7127607.html
“Nikki Araguz, 35, expressed deep regret for not telling the man the truth about her gender history upfront and for surprising him with the news during her appearance on the Jerry Springer TV show on Feb. 13, 1995, calling it a mistake she made as an inexperienced teenager. She confirmed her appearance on the show after being questioned by the Chronicle.”