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

As We Remember Our Fallen Transgender Friends, Let’s Also Remember How Far We’ve Come

Today is the annual Transgender Day of Remembrance, where we take a moment to remember the lives of our fallen trans brothers and sisters, including folks like Angie Zapata and Nanny Boo and Victoria Carmen White (pictured). Bullying and phobia and intolerance are something The Gays know well, but The Ts often live in this hell everyday. But that's not true for everybody: Transgender Americans are making strides worldwide, whether on the basketball court or the sorority house or the workplace, and that's because of increased visibility and the queer community supporting members of our own. I both hate and cherish days like this, because while they are reminders that insufferable bigotry is still very much alive and well — so much so that it claims lives — it's also a chance to lift our heads up to note how far we've actually come.

CONTINUED »


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Queerty

—  admin

It’s been 24 hours since DOD has stopped enforcing DADT, and the sky hasn’t fallen

It’s funny how it’s been a full day since DADT stopped being the law of the land, and all the horrible things that Defense Secretary Gates warned AP about today haven’t happened.

Defense Secretary Robert Gates said Wednesday that abruptly ending the military’s “don’t ask, don’t tell” policy as a federal judge has ordered would have enormous consequences.

“I feel strongly this is an action that needs to be taken by the Congress and that it is an action that requires careful preparation, and a lot of training,” said Gates. “It has enormous consequences for our troops.”

The defense secretary said that besides the changes in training, regulations will need revisions and changes may be necessary to benefits and Defense Department buildings.

Enormous consequences. Consequences that haven’t happened since DADT was lifted.

There’s another thing worth mentioning. The probable reason the judge ordered DADT lifted immediately, without any kind of delayed implementation, is because the administration screwed up. Rather than tell the judge that they weren’t planning to appeal, and that they would appreciate a reasonable period of time to implement the demise of DADT, the Obama administration (likely under pressure from Gates) stuck to their guns and told the judge to stay implementation of her decision pending appeal. The judge basically told them to stuff it, and lifted the ban immediately.

So when the administration tells you in the next few days that it was impossible to accept the judge’s order because it would have lifted DADT immediately, and that would have “enormous consequences,” don’t believe them. The only reason the judge lifted the ban immediately is because the administration refused to ask for an “orderly” demise of the anti-gay policy. They can’t now use their own inaction as justification for reinstating the policy.




AMERICAblog Gay

—  John Wright