PHOTOS: Response to ‘The Response’ begins

Riki Miller, Zombie McZee and Britney Miranda.

The responses to “The Response” are under way in Houston. First out of the gate was Friday night’s LGBT Texans Against Hate Rally.  Despite temperatures that had barely come down from the triple digits, Houstonians thronged to Tranquility Park in downtown. Beyond commenting on the temperature, the common theme of most of the speakers was that the American Family Association and Gov. Perry’s rally is not representative of Houston and is not welcomed.

Robert Shipman, president of the Houston Stonewall Young Democrats, said: “I kinda think Rick Perry chose the wrong city!”

He continued “They are the bigots, we are not … we are Houston.”

“I guess we should take comfort in the fact that, except for some of his staffers, [Gov. Perry] couldn’t find enough homegrown bigotry in the state of Texas to put on the event himself,” said Mike Craig, co-chair of Out & Equal Houston. “He had to bus them in from Tupulo, Miss., and Colorado Springs, Colo.” Craig was referring to American Family Association (based in Tupulo) and Focus on the Family (based in Colorado Springs), both co-sponsors of “The Response.”

State Rep.  Garnet Coleman, D-Houston, provided the closing address. He criticized Gov. Perry for using divisive religious rhetoric for political gain. “Being here today I’m proud that we are fighting back against a narrow, theocratic view of the world that we live in and of our country that says that people are not welcomed — that says that people are bad because of who they are. That is not America,” said Coleman. “That is what is dividing our city, our state and our country.”

Stay tuned to Instant Tea for more coverage of the LGBT community’s response to “The Response.” More photos from the LGBT Texans Against Hate Rally below (click to enlarge):

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Judge to rule this week in Nikki Araguz case

Nikki Araguz

Transgender widow vows appeal if she loses case

JUAN A. LOZANO  |  Associated Press

WHARTON, Texas — The transgender widow of a Texas firefighter will likely learn next week whether his family’s request to nullify their marriage and strip her of any death benefits will be granted, a judge said Friday.

State District Judge Randy Clapp made the announcement after hearing arguments in a lawsuit filed by the family of firefighter Thomas Araguz III, who was killed while battling a blaze last year. The suit argues that his widow shouldn’t get any benefits because she was born a man and Texas doesn’t recognize same-sex marriage.

The widow, Nikki Araguz, said she had done everything medically and legally possible to show that she is female and was legally married under Texas law. She believes that she’s entitled to widow’s benefits.

“I believe the judge is going to rule in my favor,” Araguz said after the court hearing.

The lawsuit seeks control over death benefits and assets totaling more than $600,000, which the firefighter’s family wants to go to his two sons from a previous marriage. Voiding the marriage would prevent Nikki Araguz from receiving any insurance or death benefits or property the couple had together.

Thomas Araguz died while fighting a fire at an egg farm near Wharton, about 60 miles southwest of Houston, in July 2010. He was 30.

His mother, Simona Longoria, filed a lawsuit asking that her son’s marriage be voided. She and her family have said he learned of his wife’s gender history just prior to his death, and after he found out, he moved out of their home and planned to end the marriage.

But Nikki Araguz, 35, has insisted that her husband was aware she was born a man and that he fully supported her through the surgical process to become a woman. She underwent surgery two months after they were married in 2008.

Longoria’s attorney, Chad Ellis, argued that Texas law — specifically a 1999 appeals court ruling that stated chromosomes, not genitals, determine gender — supports his client’s efforts to void the marriage.

The ruling upheld a lower court’s decision that threw out a wrongful death lawsuit filed by a San Antonio woman, Christie Lee Cavazos Littleton, after her husband’s death. The court said that although Littleton had undergone a sex-change operation, she was actually a man, based on her original birth certificate, and therefore her marriage and wrongful death claim were invalid.

Ellis presented medical and school records that he said showed Nikki Araguz was born without female reproductive organs and that she presented herself as a male while growing up and going to school. He also said her birth certificate at the time of her marriage indicated she was a man.

“By law, two males cannot be married in this state,” Ellis told the judge.

Nikki Araguz, who was born in California, did not change her birth certificate to reflect she had become a female until after her husband’s death, said Edward Burwell, one of the attorneys for Thomas Araguz’s ex-wife, Heather Delgado, the mother of his two children.

But one of Nikki Araguz’s attorneys, Darrell Steidley, said that when his client got her marriage license, she presented the necessary legal documents to show she was a female. He also noted changes made in 2009 to the Texas Family Code that allowed people to present numerous alternatives to a birth certificate as the proof of identity needed to get a marriage license. That was an example, he argued, of the state trying to move away from the 1999 appeals court ruling.

The changes in 2009 allowed transgendered people to use proof of their sex change to get a marriage license. The Texas Legislature is currently considering a bill that would prohibit county and district clerks from using a court order recognizing a sex change as documentation to get married.

After the hearing, the firefighter’s family and attorneys for his ex-wife criticized plans by Nikki Araguz to star in a reality television dating show and implied she was only interested in money and fame that the case would bring her.

“That is absurd,” Nikki Araguz said in response. “I’m after my civil equality and the rights that I deserve as the wife of a fallen firefighter.”

If the judge rules against the firefighter’s family in their motion for a summary judgment, the case would then proceed to trial. Araguz said if the judge rules against her, she would appeal, all the way to the U.S. Supreme Court if necessary.

—  John Wright

CPAC Criticized for Gay Presence

AMERICAN PRINCIPLES LAW PROJECT X390 (GRAB) | ADVOCATE.COMSome conservatives are objecting to GOProud’s participation in a major confab of the Right.
Advocate.com: Daily News

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