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

Liberty Hill’s Darrell Tucci: It Gets Better

(Cross-posted with permission and many thanks!)

October 07, 2010

It Gets Better – From Despair to Activist

Byline: Darrell Tucci

In light of the recent suicides of gay teens around the country, I felt compelled to share my own story for the first time to let youth know it gets better and to let people know they can do something to help.

At 18, I was suicidal.  I had decided I would take my life due to such deep self-hatred about being gay after years of being bullied and harassed about being the fat kid and the geek and often called faggot even though I wasn’t out or even sure I was gay.  I wrote a poem that would serve as my suicide note, I planned the date, got the prescription.  Two days before the planned date, I was walking as a sophmore through my university and just happened to look to my left and saw a Safe Space sticker on a faculty door.  It was closed.  I didn’t want to be seen looking at it but I knew it was some how gay related.  

I stuck a note under the door saying “I need help, please call” and included my number.

A young professor called.  He told me about this organization called GLSEN.  I never told him I was planning to kill myself.  But the idea there was an org helping high school kids struggling with what I was feeling made me feel less alone and I thought that I wanted to be sure no one else ever had to feel this way.  

I was bullied and harassed because people thought I was gay.  What kept me going was not that I was happy or less depressed but that I learned I might help someone else.  He introduced me to a therapist, the gay student group on campus and the GLSEN NNJ chapter.  I gave them my very first gift to a nonprofit. By meeting them, and others on campus they introduced me to, I finally told one of them how desperate I was and they helped get me into rehab to deal with my suicidality and my eating disorder in 1996.

I came back from rehab.  I came out at 20 with amazing support and immediately became an activist.  I lead the group with that same professor to add sexual orientation and gender identity to MSU’s anti-discrimination policies immediately after Matthew Shepard’s passing.  I changed majors and moved towards my nonprofit career.

I’ve been privileged to work for amazing non-profits such as GLSEN and now at the Liberty Hill Foundation. If you are a young person and need help, call the Trevor Hotline now at 866-4-U-TREVOR. Someone is there 24 hours per day.

I tell this story publicly now for the first time because I want youth to know there is hope but we as adults need to be sure they know where to find it.

GLSEN’s Safe Space Campaign relaunches this week.  The kit costs only .00.  Go online and donate or more at http://www.glsen.org and help GLSEN get these kits across the country.  One sticker can save a life.  It saved mine.

If you live in Los Angeles and want to be part of advancing LGBT rights and equality in the City of Angels, visit Liberty Hill and sign up for more information.

Lastly I want to send a special thanks to the American Foundation for Suicide Prevention (www.AFSP.org)for their leadership on research and education on LGBT Suicide Prevention.

Watch the video of Darrell telling his story:

* RELATED: Press Release: Darrell Tucci Elected To GLSEN National Leadership Council
Pam’s House Blend – Front Page

—  John Wright