She missed a deadline for filing a motion to reconsider before she could hire Frye. Frye was granted an extension Tuesday and has until April 18 to file a new motion. If this ruling stands, and right now it is the law of the land, attorneys will have to seek chromosome tests. If they don't, their client can turn around and sue them for malpractice. Genetic testing would add to the legal cost, but under the present legal system it can't even be done.
State law prohibits the use of genetic information by a state agency, including judges.
Littleton never was given a test to discover whether she was genetically a man. The court simply assumed she was because she once had male organs. But it's not that simple. Just ask the international athletic community. Allegations that certain countries were seeking unfair advantage in athletic competition by disguising men as women led to genetic testing for sex verification in 1967.