GLFD’S NEW FORMAT

WELCOMING MEMBERS  |  Gay and Lesbian Fund for Dallas kicked off its membership drive Tuesday, Sept. 13, with a party in the Owners’ Lounge at The House in Victory Park, hosted by Ferrell Drum. Former Dallas Mayor Laura Miller made the pitch to supporters to join as members. During the past 10 years, the organization raised more than $1 million for a number of non-profits committed to equality and diversity. Pictured at the event are, from left, Paul Polanco, Keith Nix, Noel Santini and Mark Niermann.

This article appeared in the Dallas Voice print edition September 30, 2011.

—  Michael Stephens

North Texas March For Equality on June 25

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—  John Wright

WORKING FOR EQUALITY

RAISING FUNDS  | Out & Equal DFW Council held “Deep in the Heart of Texas” at Times Ten Cellars on Aug. 18. The event was the organization’s fifth fundraiser to support its educational programming in the DFW area and to support scholarships to attend the 2011 Out & Equal Workplace Summit, set for Oct. 25-28 at the Hilton Anatole. Pictured are Gib Murray of Raytheon, left, Jeffrey Gorczynski of Citi, center, and Paul von Wupperfeld of Texas Instruments.

This article appeared in the Dallas Voice print edition September 2, 2011.

—  Michael Stephens

WATCH: Nikki Araguz mobbed by TV reporters outside court appearance on theft charge

A day after her attorneys announced they’ll appeal a judge’s ruling declaring her marriage invalid, transsexual widow Nikki Araguz was arraigned today on a theft charge for allegedly stealing a Rolex watch fr0m a woman at a Houston bar in February.

The Houston Chronicle reports that although a filmmaker accompanied Araguz —  who plans a documentary and reality show — she declined to talk to the media. In the below video from ABC 13, Araguz shouts an expletive at TV cameramen who try to get in an elevator with her.

On Wednesday, Araguz’s attorneys said they’ll appeal a Wharton judge’s decision to deny her death benefits from her late husband, volunteer firefighter Thomas Araguz III. In a setback for transgender equality, the judge declared the Araguzes’ marriage invalid because he said Araguz was born male.

Nikki Araguz is free on $2,000 bond on the theft charge.

—  John Wright

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

ACTION ALERT: Transgender marriage ban back on Texas Senate calendar for Tuesday

Equality Texas sends along word that SB 723, by Sen. Tommy Williams, R-The Woodlands, has been placed back on the Texas Senate’s intent calendar for Tuesday. SB 723 would remove a court order of sex change from the list of documents that can be used to obtain marriage licenses. A response to the Nikki Araguz case, the bill would effectively bar transgender people from marrying people of the opposite sex in Texas. To contact your state senator and urge them to oppose SB 723, go here.

—  John Wright

Texas House tentatively OKs anti-bullying bill

Rep. Diane Patrick, R-Arlington

An anti-bullying bill that’s become the top priority for Equality Texas in this year’s legislative session received tentative approval from the Texas House tonight, in a 102-34 vote.

HB 1942, by Rep. Diane Patrick, R-Arlington, doesn’t provide specific protections for LGBT youth. However, experts say the bill represents the last, best chance for the Legislature to crack down on bullying this year.

From the Texas Tribune:

The bill lays out a definition of bullying and calls on school districts to adopt procedures that prohibit it, make students aware of their options for seeking assistance, protect “whistle-blowers,” establish procedures for notifying parents and guardians about incidents of bullying, and set out counseling options for both the victim and the bully. The bill also gives authority to a school board to transfer a bully — as opposed to a victim — to a different classroom and different school, if necessary.

Equality Texas has issued action alerts over the last few days calling on people to contact their state representative and urge them to support the bill. The bill must be voted on once more by the House before moving to the Senate, which could happen Wednesday.

—  John Wright

WATCH: Hope for the future as young Republican testifies against gay marriage ban in Minnesota

Madeline Koch

Many of us in the LGBT community — perhaps most of us — are dead set in our belief that trying to make progress on LGBT rights within the Republican Party is a waste of time. And we show little tolerance, much less respect, for those LGBT people who are Republican and who continue to persist in their efforts to support the GOP while at the same time making it more welcoming to LGBT people and LGBT equality.

I admit that, at least when it comes to the Republican Party as it stands today under its current leadership, especially here in Texas, I see little hope for progress. But the fact is, the folks currently in power in the GOP won’t always be in power. There is a new generation moving up through the Republican ranks, and it is, I think, in that generation that our hope lies.

Poll after poll shows that younger people, even younger Republicans, believe in equal rights for LGBT people in far greater numbers than their parents and grandparents. Take, for example, Meghan McCain, daughter of current senator and former presidential candidate John McCain. Despite her father’s anti-LGBT stances, Meghan McCain has come out time after time in support of our community and our efforts toward equality.

And she’s not the only one.

—  admin

Equality Texas action alert on anti-bullying bill

Equality Texas has issued an action alert calling on people to contact their representatives and urge them to vote in favor of HB 1942, an anti-bullying bill by State Rep. Diane Patrick, R-Arlington. The bill has been placed on the House General State Calendar for Monday. Click here to send an email to your state representative. Here’s the full text of Equality Texas’ alert:

ACTION ALERT

Vote is Monday, May 2nd on Anti-Bullying Bill HB 1942!

Fact: Time is running out on the Texas Legislature to pass meaningful legislation to address the loss of life associated with bullying, cyberbullying, and harassment. Barely over one month remains in the Session and lawmakers are focused on the budget and redistricting.

Fact: According to information compiled by the Texas School Safety Center at Texas State University – San Marcos, there have been four bullying-related suicides of Texas students since the 2009 Legislative Session when lawmakers also failed to pass meaningful legislation.

Fact: House Bill 1942 by Rep. Diane Patrick has just been placed on the House General State Calendar for Monday, May 2nd.

Fact: We need thousands of Texans to contact their State Representative now and urge passage of  House Bill 1942 by Rep. Diane Patrick .

We simply cannot allow the clock to run out again without taking meaningful action to protect the lives of Texas children.

Please act now.

Click here to send an email to your State Representative.

—  John Wright

Sacrificial goats must keep fighting

The right wing scapegoats LGBTs, sacrificing our rights on their altar of power. The goats have to keep fighting back if we want equality

HARDY HABERMAN  |  Flagging Left

Land of the free and home of the brave? Maybe not. Just look at all the issues being flogged both in the legislature and in the press. All are to try to stifle the freedom of LGBT people.

• DOMA: The cynically named “Defense of Marriage Act” which has nothing to do with defending marriage and everything to do with denying rights to LGBT couples.

Worse, even though the president said it is unconstitutional, the GOP, lead by House Speaker John Boehner, wants to spend $500,000 of our dollars to defend a bill the Department of Justice sees as indefensible.

• Special Rights for Gays: This is a catch phrase being used again and again by the right wing to somehow try to justify discrimination in just about any way possible.

For example in many states if you are a landlord, you are not allowed to deny someone the right to rent an apartment — but only if they are listed as a protected class. That’s how the law works in this screwy society.

So, if I am a member of a racial minority, a woman or disabled, I can seek legal recourse against the landlord. Because LGBT people are not included in that list in most states, we have no recourse.

In the eyes of the right wing, granting us the same rights as any other minority is “special rights.” Worse still is the fact that we are denied rights in our relationships that other Americans get simply because they are straight.

• Hate Crimes: The right fights tooth and nail to keep LGBT people from being included in hate crimes legislation wherever it is proposed. Just as bad, some have even tried to dissect us and include gays and lesbians while leaving transgender folks out.

To add LGBT people to the list of victims of hate crimes apparently denies the far right their freedom to hate whoever they want.

• Ex-Gay Therapy: This discredited practice still gets funding and support from fundamentalist churches and right-wing organizations that are actively working to “cure” gays and lesbians. Our lives have been compared to the problem with “second-hand smoke” and devalued by rhetoric from the right.

They spread the lie that our sexual orientation is a choice, and therefore something we can change at will.

This list could go on and on, but the point is that for some reason the conservatives are spending huge piles of cash to actively deny us the rights and privileges they enjoy. Why do they spend so much of their time and energy working to take away rights from us?

Politically, it is an easy talking point. The right has found that anti-LGBT rhetoric can whip a crowd into a frenzy faster than talking about real issues. In the world of media image, nothing is as valued by the right as a cheering crowd and a sound bite on TV or radio.

Economically, LGBT issues can make a quick buck for the right wing. Whether it is raising funds to “defeat the gay agenda” or funds to “rescue the poor sinners from the gay lifestyle,” donations flow when the anti-LGBT rhetoric rings out.

And psychologically, it’s an easy hot button. The whole existence of LGBT people makes many heterosexuals nervous. I am not a psychologist, but I would lay odds that for many there are insecurities around their own sexual orientation that drives this.

The mere fact that the “gay panic” defense works in the judicial system as an excuse for assault and murder points to this as an underlying problem.

But I suspect the real reason the right has seized on LGBT rights as their favorite topic is more troubling: It’s what I call the “bogie man” factor.

Fear is a very good motivator. Just look at how we Americans cheerfully gave up our privacy rights after 9/11. We were afraid and we were told giving up our privacy would get us security.

The results are still very much open for debate.

Meanwhile politicians, pundits and clergy have found their available list of “bogie men” dwindling. Back in the 1950s, communists were the enemy and the cause of every ill under the sun. In the ’60s “hippies” were looked on as the root cause of problems.

In the last decade, “terrorists” became the main thing to fear, though it was a thinly disguised version of xenophobia and racism.

Now, one of the only things to fear is us, the LGBTS. We have become the bogie man for the current crop of fear mongers. We are being pointed to as the root of many of societies ills — and that is scapegoating, plain and simple.

Scapegoats are an easy way to explain complex problems, and in a world of 20-second sound bites, they are all too tempting for politicians, pundits and clergy to ignore.

Well, it’s time we goats stopped behaving like sheep and started butting our heads up against the people who would deny us our rights. If we do not continue to push back, we will continue to have our rights sacrificed on the alter of politics. And this goat is not ready for that.

Hardy Haberman is a longtime local LGBT activist and a member of Stonewall Democrats of Dallas. His blog is at http://dungeondiary.blogspot.com.

—  John Wright