Ellis County Observer publisher Joey Dauben finally gets a court-appointed attorney

Joey Dauben

Joey Dauben, the publisher of the now-defunct Ellis County Observer, finally got to see a court-appointed lawyer this week to help him fight the three felony counts of child sexual abuse that have kept him in the Navarro County Jail without legal advice for almost two months now.

Edward Jendrzey, whose office is in Waxahachie in Ellis County, received the court-ordered appointment Thursday, Feb. 16. Jendrzey accepted the case after Steve Keathley, a Corsicana attorney whose wife is the president of the Navarro County Bar Association, declined an appointment by District Court Judge James Lagomarsino to represent the journalist.

In a telephone interview today, Jendrzey said, “Yes, he knows I’m representing him,” when asked whether he had met with his new client, who reached out for help from the media this week in a handwritten letter from jail. When a defendant declares himself to be indigent and asks for a court-appointed attorney, that is supposed to occur within 72 hours. In the letter, Dauben also again claimed he is innocent of the charges.

Jendrzey said his first step in Dauben’s representation will be to conduct an independent investigation of the case to learn the circumstances and to attempt to get Dauben’s $200,000 bond set by Lagomarsino lowered. “I’ll be meeting with the prosecutor about that,” Jendrzey said. Dauben’s family and friends have been unable to raise the 10 percent (or $20,000) payment bond agencies typically charge to get a defendant released from jail.

—  admin

SMU sends 18 to Midwest LGBT conference

Iowa State University is hosting the 2012 Midwest Bisexual, Lesbian, Gay Transgender Ally College Conference Feb. 10-12. One student from Texas Women’s University, 17 from Southern Methodist University’s LGBT group Spectrum and an SMU professor are attending, according to the Daily Campus. Spectrum Co-President Harvey Luna put the group together after attending last year’s conference, according to the SMU newspaper.

Karen Click at SMU Women’s Center for Gender and Pride Initiatives called it a national conference for student leaders. She said this is the second year SMU has participated.

“They come back inspired to create change on campus,” she said.

Registration for the event is $80 per person and the group chartered a bus from Dallas.

“The SMU Student Senate paid for them to go,” Click said.

The MBLGTACC conference began in 1991 and takes place annually in the upper Midwest. The goal is to learn new strategies to face problems LGBT students face on campus daily.

Two weeks ago, Youth First Texas hosted a conference of North Texas gay-straight alliances.

—  David Taffet

Banks Appointed to Citizen Police Oversight Board

Kris Banks

Kris Banks

On Wednesday the Houston City Council confirmed Mayor Annise Parker’s appointment of Former Houston GLBT Political Caucus President Kris Banks to the Independent Police Oversight Board.  The Oversight Board provides a way for Houstonians to have input into allegations against police officers involving use of excessive force, discharge of firearms, serious bodily injury or death or mistreatment of citizens.  The Board also makes recommendations on recruitment, training and evaluation of police officers; and considers community concerns regarding the Department.  Houstini talked with Banks about his new role:

[Houstini] Why have you agreed to serve on the Oversight Board?

[Banks] I believe the Oversight Board performs an important and vital function that benefits all involved. Police officers are granted extraordinary powers over their fellow Houstonians. They can, under legally sufficient circumstances, detain people against their will, walk into other people’s homes without their permission, and even use physical force to make people comply. We grant police officers these powers because they are necessary for the officers to do their jobs. However, with these great powers come great responsibility, and the Oversight Board exists as a check on those powers, thereby protecting the public against the very rare officer who uses her or his powers irresponsibility or excessively. It also benefits the police department. With the assurance that the Board is providing oversight, members of the public can be more confident of the police department, and form a better working relationship with officers.

[Houstini] What do LGBT Houstonians who have concerns about police behavior need to know about the mission of the Oversight Board?

[Banks] Historically, the LGBT community has had concerns about very broad and obvious police harassment, like bar raids. Incidents like these still occur (see Rainbow Lounge in Fort Worth), but they tend to not be the focus of issues that exists between the LGBT community and the police department. Concerns between the community and the police department now tend to be over specific incidents that sometimes come to light and sometimes do not. That being said, the IPOB will review internal police investigations for complaints of excessive force, any discharge of a firearm, any time there is a death or serious injury, or any matter the police chief refers to us. We make recommendations, and the chief has ultimate discretion. What I want to highlight here is that a complaint has to be made for the IPOB to have any role. Complaints have to be sworn, either by the complainant, or, if the complaint is anonymous, by the person taking the complaint.

LGBT Houstonians should also know that I take my role as a community representative very seriously. I will not only take my perspective as an LGBT Houstonian to the police department, I will also take the knowledge I gain back of police procedure back to the community. For instance, I mentioned anonymous complaints above. In the training I have received so far, I learned that organizations can be deputized to take anonymous complaints (LULAC and the NAACP are both deputized). Anonymous complaints are, unfortunately, a big concern for our community. Whether because our congress has failed to pass job protections, family concerns, or any other personal reason, there are still many, many people in the closet. But being in the closet does not mean that a person is not protected. I will learn more about the deputizing community groups and take that back to organizations in our community like the Caucus, Community Center and Transgender Foundation so they can begin that process (as a caveat, I do not have a full list of deputized organizations and any of these organizations may already be deputized).

—  admin

Pride 2011 • Tavern Guild names 5 parade beneficiaries

Organizations provide a variety of services for those in the LGBT and HIV/AIDS communities

Draconis von Trapp  |  Intern
intern@dallasvoice.com

Beneficiaries

In recent years, increasing costs have forced the Dallas Tavern Guild to cut back on the number of organizations chosen as beneficiaries of the annual Alan Ross Texas Freedom Parade, choosing only one each year.

This year, however, the Tavern Guild has been able to expand its list of beneficiaries once again. In addition to Youth First Texas, the sole beneficiary for the last several years, beneficiaries this year also include AIDS Arms Inc., AIDS Interfaith Network, AIDS Services of Dallas and Legacy Counseling Center.
Each of the agencies is profiled below:

……………..

Nobles.Raeline

Raeline Nobles

AIDS Arms Inc.
AIDS Arms is the largest nonprofit HIV/AIDS organization in North Texas, serving more than 7,000 individuals every year. The agency’s executive director is Raeline Nobles, and John Loza is chairman of the board of directors.

The AIDS Arms offices are located at 351 West Jefferson Blvd., Suite 300. The phone number is 214-521-5191, and the website is AIDSArms.org.

AIDS Arms’s case management programs offer numerous services to assist individuals in learning to live longer and healthier lives with HIV by providing access to medical care and support services specific to them. The agency’s goals are to create and maintain long-term access and adherence to medical care and stabilization so clients can successfully manage the side effects of HIV and AIDS.

Professional case managers are trained to respond to clients’ unique needs by providing a comprehensive assessment of needs and barriers to accessing medical care and support, as well as assessing clients for eligibility for programs such as HIV medication and health insurance assistance, Medicaid, Medicare, Social Security and other benefit programs that may help with the financial issues of HIV treatment. Case managers also develop a long-term care plan with the client.

The Case Management Resource Directory helps clients locate services such as food, housing, counseling, support groups, job training and more.

AIDS Arms offers multiple minority-specific programs for women, youth, substance abusers and those with mental health needs. The agency offers linguistic services with case managers versed in more than 10 foreign languages and dialects, and with a variety of diverse cultural and educational backgrounds and experiences.

The intake program helps newly diagnosed clients navigate the services available to them in Dallas.

AIDS Arms’ Peabody Health Center is an outpatient medical clinic that offers comprehensive medical care in coordination with other services needed to increase access to care and maintain adherence to treatment. The clinic employs physicians, nurse practitioners, nurses and others professionals who are experts in the medical field and specify in HIV treatment.

AIDS Arms is currently in the process of opening a second clinic.

One specific support group, WILLOW (Women Involved in Life Learning from Other Women), is a program that brings together HIV-positive women to learn from each other and develop new skills. Activities and group discussion lend to the positive environment where women learn how to live healthier lives and form good relationships.

……………..

Pace.Steven
Steven Pace

AIDS Interfaith Network
AIDS Interfaith Network was founded in 1986. Steven Pace is executive director. The agency’s offices are located on 501 N. Stemmons, Suite 200,
and the phone number is 214-941-7696. The AIN website is AIDSInterfaithNetwork.org.

Among its programs, AIN offers Outreach, a program to guide individuals and gives them access to prevention and care services, make referrals and ensure that those affected by HIV/AIDS have access to proper care. The program specifically targets African-Americans (African American Health Coalition) and Latinos (Manos Unidas).

AIN offers a variety of programs, including linguistic services with interpretation and translation of written materials for Spanish-speaking clients, caregivers and other service providers.

Educational services, including prevention education and risk reduction sessions, are available for at-risk individuals, groups and communities, as well as collaborative HIV testing and prevention programs.

Another program offers HIV education for minority women at high risk of infections. The program specifically targets African-American and Hispanic women, but it is open to all.

AIN’s client advocacy program receives referred clients and enrolls them into the appropriate programs. It also provides direct assistance by making referrals, providing follow up and collaborating with case management. This program collects client data, creates and updates files and provides documentation.

Transportation services are offered to clients living in both metropolitan and rural areas through van rides, bus passes for the DART and train system and taxi rides to ensure access to treatment facilities and support services throughout the prevention system.

AIN also operates the Daire Center, an adult daycare center that provides stabilization services and respite care to relieve caregivers. The center also includes monitoring, individualized support, activities, socialization and nutrition assistance. The meals program provides prepared breakfast and lunch daily in the Daire Center for clients who need assistance to meet or enhance their nutritional needs.

For those interested in taking part in helping affected clients, AIN’s volunteer program recruits, trains and manages volunteers, offering different curricula of buddy and companion services for those affected. The program also provides on-site assignments at AIN to give program, administrative and project support and to participate in fundraising events.

For clients requiring spiritual support, AIN offers pastoral services for care, counseling, education and support. The program refers clients and accepts referrals, collaborates with Outreach, offers prevention education and recruits volunteers.

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Maison.Don1-
Don Maison

AIDS Services of Dallas

AIDS Services of Dallas was founded in 1985. Don Maison is president and CEO. ASD offices and apartment buildings are located in North Oak Cliff, near Methodist Medical Center. The phone number is 214-941-0523 and the website is AIDSDallas.org.

ASD’s housing program provides furnished, service-enriched housing and assisted living in private apartments for people with HIV/AIDS. ASD never turns away clients due to an inability to pay rent and it is the largest licensed provider of medically supportive housing for infected individuals in Texas, with four facilities: Ewing Center, Revlon Apartments, Hillcrest House and Spencer Gardens.

Ewing Center consists of 22 units — five one-bedroom apartments, 15 efficiencies and two special need beds/rooms. Revlon Apartments are designed to accommodate individuals and families, with 20 one-bedroom and seven two-bedroom apartments.
Hillcrest House, which provides service to individuals who are formerly homeless and living with HIV/AIDS, has 64 single-unit efficiencies. And Spencer Gardens, named in memory of Diana, Princess of Wales, provides housing for 12 low-income families.

ASD provides morning and lunchtime meals five days a week and coordinates dinner meals through the Supper Club volunteer program. For immobile clients, the program also provides carryout meal services.

For transportation services, ASD provides a 15-person van to provide regularly scheduled trips to a local food pantry, supermarket and second-hand clothing stores. It also carries residents to and from medical appointments and social service appointments and is used to transport residents to recreational activities planned and implemented by the Resident Councils.

ASD’s case management program provides professional social work staff to determine the psychosocial services needed for each individual resident and assist them in accessing community-based service providers. In addition, the social workers provide on-site case management, substance abuse counseling, individual and group counseling and grief support as needed.

The Social Work Department provides recreational activities for the children of ASD and helps their adjustment to the community and public schooling. With funding from the ExxonMobil Community Summer Jobs Program, ASD has hired a children’s activity coordinator to provide recreation during the summer months for the children residing at ASD.

ASD provides 24-hour care and support for its residents. Nurses provide both care and support to residents as well as implement the health maintenance programs. Personal care aides monitor every individual’s needs and habits and provide full-time assistance with routine tasks of daily living for HIV-positive residents.

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Grove,-Melissa11
Melissa Grove

Legacy Counseling Center and Legacy Founders Cottage
Established more than 20 years ago, Legacy Counseling Center provides mental healthcare, substance abuse treatment and housing services for individuals affected by HIV and AIDS. Melissa Grove is executive director. Legacy’s offices are located at 4054 McKinney Ave., Suite 102. The phone number is 214-520-6308 and the website is LegacyCounseling.org.

Legacy Counseling Center provides both individual and group therapy. In individual therapy, individuals receive one-on-one private therapy sessions with licensed professional counselors specially trained in mental health issues of persons affected by HIV and AIDS.

They assist with coping, anxiety, depression and survivor guilt as well as medication compliance.

Group therapy is offered both during the day and the evening and helps HIV-infected individuals contend with many unique issues, and include female-only groups, Spanish-speaking groups and other targeted groups.

Legacy’s Substance Abuse Program provides intensive outpatient substance abuse treatments along with ongoing relapse prevention services for HIV-positive individuals. The program also educates clients about drug abuse and how it ties in with HIV and AIDS in both group and individual therapy. The outpatient therapy schedule can be tailored to the individual’s needs.

To take part in these programs, the individual must be HIV-positive with a letter of diagnosis, at least 18 years old and must remain alcohol and drug-free during the program.

Legacy also operates the Legacy Founders Cottage, a licensed, seven-room special-care facility for people living with AIDS in critical stages of their illness who require 24-hour supervised care.

……………..

Youth First Texas

Wilkes.Sam
Sam Wilkes

Youth First Texas is staffed by Director of Development and Administration Sam Wilkes. The YFT offices are located at 3918 Harry Hines Blvd. The phone number is 214-879-0400 or, toll-free, 866-547-5972. The center is open Tuesday and Wednesday from 6 p.m. to 9 p.m.; Thursday from 5 p.m. to 9 p.m.; Friday from 6 p.m. to 10 p.m.; and the second and fourth Saturday of the month from 6 p.m. to 9 p.m.

YFT offers free counseling to LGBTQ youth ages 22 and younger through volunteer counselors. All counselors are licensed professionals or student interns working under the supervision of a licensed counselor. All legal and ethical guidelines are followed including confidentiality and keeping files. Youth under the age of 18 must have written consent from a parent or guardian before receiving individual counseling services.

Counselors address issues such as coming out, family and school issues, bullying, self-mutilation, depression, isolation, relationships and dating, gender identity and expression, and drug and alcohol abuse.

YFT offers three main groups, but these may be supplemented with other support groups as the need arises. The three support groups are Survivors, Gender Identity and Coming Out.

Survivors’ Group is a peer support group for youth who have suffered isolation, abuse or other trauma, offering them the opportunity to discuss things that are troubling them and receive feedback from peers in a safe space. This group is held on the first and third Thursdays of the month from 7:45 p.m. to 8:45 p.m.

Gender Identity Group is specific to youth dealing with issues related to gender identity and expression. The group is also open to youth who are curious about their gender-variant peers and gender issues in general. It is held on the second and fourth Thursdays of the month from 7:45 p.m. to 8:45 p.m.

Coming Out Group deals with thoughts and feelings about sexuality. YFT periodically offers a four-week support group, providing an opportunity to share with a small group of peers about sexuality and coming out.

YFT also offers multiple educational programs throughout the year. Among these are book club, café cinema, GED tutoring, “Our Roots Are Showing,” Youth Defenders and GSA Network. The center also offers many recreational activities, such as Dallas PUMP!, Friday Night Kula Feast, Movie Camp, Open Mic Night, and the YFT Dance Group.

Throughout the year YFT participates in softball through the Pegasus SlowPitch Softball Association, volleyball through Dallas Independent Volleyball Association, concerts by the

Turtle Creek Chorale, theater performances by Uptown Players and other functions. YFT participants are also kept privy to queer-related opportunities such as performing at their annual fashion show Give E’m Heel and the Gayla Prom by Resource Center Dallas.

This article appeared in the Dallas Voice print edition September 16, 2011.

 

—  Kevin Thomas

Starvoice • 09.16.11

CELEBRITY BIRTHDAY

Twiggy turns 62 on Monday. Known mostly for her mod, androgynous look of the ’60s, the style icon was one of fashion’s first supermodels. She returned to fashion somewhat as a judge on America’s Next Top Model, but left in 2007. Also a singer, she is working on a new album of ballad covers due in November.

…………………

THIS WEEK

Mars entering Leo inflates energy and egos, and trine to Uranus in Aries, will lead to unexpected results. Stubborn assertion will lead to wacky disasters. Be bold, but adaptive and humble for best results.

…………………

VIRGO  Aug 23-Sep 22
Self-consciousness leads you to fashion disasters. Play with a new look where nobody except a trusted friend can to see it, just so you can be satisfied that it is indeed wrong for you.

LIBRA  Sep 23-Oct 22
Domestic victories make you cocky.  Better to offer an olive branch and build reconciliation. Don’t dread the cake with all those candles. Focus on accomplishments and goals.

SCORPIO  Oct 23-Nov 21
Count on your friends to help you get ahead. Keep your eyes open to colleagues who might double-cross you. Don’t worry: A rude surprise can prove a blessing in disguise.

SAGITTARIUS  Nov 22-Dec 20
Teamwork gets anything accomplished, so be attentive to those who can make or break your efforts. They’re inclined to support you, but they want credit and generally deserve it.

CAPRICORN  Dec 21-Jan 19
Focus on your career and getting ahead. You can focus on your goals with little interference. The boss is about to take notice and is likely to be very supportive. Just let your work speak for itself.

AQUARIUS  Jan 20-Feb 18
Connect with older, well-educated people. You can learn a lot and get a clearer idea of your direction in life. You can’t help but say the wrong thing to your partner, but you’ll be fine.

PISCES  Feb 19-Mar 19
Even sweet, affable chatter can get annoying. Staying between the extremes is your biggest challenge. Lean to the quiet side. Letting them wonder will arouse more interest in you.

ARIES  Mar 20-Apr 19
You want to have fun, but work demands time and energy. Getting boisterous upsets things and exposes resentments. It doesn’t matter if they’re jealous. Focus your energies productively.

TAURUS  Apr 20-May 20
Be as productive as possible while your discipline and drive are especially sharp. Worries about the future are distractions. Just stay the course; keep putting one foot in front of the other.

GEMINI  May 21-Jun 20
The coming social season puts you in greater demand. Fix up your home now to be ready for company then. Friends’ one-upmanship will throw you off your game. Ignore it.

CANCER  Jun 21-Jul 22
Social opportunities abound. You’re happier at home with your dearest and nearest, and some of your favorite recipes, but get out and develop connections. They’ll serve you well.

LEO  Jul 23-Aug 22
Your state of mind changes more than your finances, but you can relax. Your energy is cranking up and leads you into interesting adventures. Look for new ideas, not arguments!

Jack Fertig can be reached at 415-864-8302 or Starjack.com

This article appeared in the Dallas Voice print edition September 16, 2011.

—  Michael Stephens

Good Christian belle

Gay ally Kristin Chenoweth talks about her new country music CD (she adores Dolly!), queers … and the right way to be a Christian

THE GOSPEL ACCORDING TO KRISTIN | The performer has conquered stage, recording, TV … and uniting gay rights with her faith.

Kristin Chenoweth doesn’t get miffed very easily. But when she does, watch out. Last year, after Newsweek published a commentary on the inability of gay actors to play straight roles, she wrote an extensive letter to the magazine, calling the article “horrendously homophobic.”

But Chenoweth’s allegiance to the gay community goes back to growing up in Oklahoma — a place she returned to for her latest album, Some Lessons Learned, the first of four where the opera-trainer singer fully embraces her country roots.

We had lots to talk about when we caught up with Chenoweth, on a dinner break from shooting her upcoming series, Good Christian Belles. She discussed her history of dating gay men, her opinion on Michele Bachmann’s support of gay conversion clinics … and being a little bit wicked.

— Chris Azzopardi

………………………..

Dallas Voice: Your character’s name on Good Christian Belles is Cockburn — Carlene Cockburn. Chenoweth: I can’t wait for my family to hear that one. Are you kidding? I was like, “Wait a minute…!” But I just think the most important thing for me as an actress, because of the lines that come out of my mouth, is to just have to speak them and keep going, because they’re so funny and her name is so funny and the whole thing is just so great. I love it.

Does your character have anything in common with April Rhodes, who you play on Glee? Probably not on paper, but they’re both pretty outlandish people. Carlene, though, is the antithesis of April.

You grew up in Oklahoma, so country music is your roots. How is your new album a reflection of that? It’s so funny, because I get asked, “Why a country album now?” But that’s how it all began for me. Of course, why would anyone know that? It’s not something I’ve been talking about a lot, but it’s the music I grew up listening to. One of my biggest influences is Dolly Parton, and when you look at the history of songs in musical theater and in country, they’re both usually great storytellers.

I know just how lucky I am to do this kind of music. Getting to go to Nashville and sing this music that feels like home to me was a real gift, and one that I don’t take lightly.

The song “What Would Dolly Do?” reminds me a lot of Dolly herself. I co-wrote that. [Producer] Bob Ezrin asked, “Who’s had the biggest influence on you country music-wise?” I said, “Dolly, without question.” And he said, “How would she approach it? Let’s think: What would Dolly do?” I said, “Bob, why aren’t we writing that song?”

There’s something about her that I feel very attuned to. There’s only one Dolly. I’m not comparing myself, but I’m just saying her spirit and the way she looks at life is pretty similar to me. And the cover I did of hers [“Change”] is actually a very emotional thing and it reminded me — of course, how could I ever forget? — what an amazing songwriter she is. You know, I didn’t do a lot of covers. I did two covers, one of Carrie [Underwood] and one of Dolly’s, and I just love both of them. I love their music, I love their spirit — everything they stand for.

It makes total sense, because, to me, both you and Dolly epitomize happiness. Oh my god, thank you. That’s the biggest compliment you could give me.

So, being so happy… what pisses you off? Oh, gosh! I don’t really get mad that often. But I’m not going to lie: When I do, there’s a quiet that comes over me that is a little like whoa, and that happens when I don’t feel other people are prepared or doing their job or pulling their weight. I come from a family where my dad came from nothing and worked hard to get where he is, and he said, “Work hard, play hard, Kris,” and I guess that’s kind of been my motto in life. So when I see people squandering opportunities or having a sense of entitlement, that really makes me crazy. Because I don’t understand it. It’s not a world I get.

One thing that does make you upset is homophobic people. I don’t like that, you’re right.

Your letter in response to that Newsweek column said it all. Why was it important to address your feelings on that issue? To be honest, I wasn’t prepared for what was going to happen. I was on Broadway doing Promises, Promises, and I read the article and I actually thought it was pretty irresponsible. I’m not even talking about whether a person agrees with being gay or not, I’m talking about artistry and gay

actors trying to play straight. It just made me mad, because I thought, “Well, I’ve played a prostitute, does that mean I am one? No.” I just thought it was a little bit of a bullying thing, and I honestly prayed about it — no kidding, I prayed about it.

And by the way, I’m a big fan of the magazine, which is why I was so bummed. But I think that they felt bad and hopefully there’s been some discussion about it and some learning, because that’s what we’re here to do on this Earth, to learn our purpose. Well, one of my purposes in this life — since I’m a believer and a Christian — is to help people realize that not every Christian thinks that being gay is a sin.

To reinforce your point, you made out with your Promises, Promises co-star Sean Hayes at the Tonys last year. It might’ve been a little jibe. It might’ve been a little one! Ha!

What was it like to make out with a gay man? Was that your first time? Well, let’s face it, my high school boyfriend is gay, so I don’t think it’s my first time making out with gay men! I bet a lot of women don’t even know they’ve done it! And Sean Hayes is just a darn good kisser, what can I say?

Wait, so you dated a gay man in high school? Yeah, and I’m like, “Well, that’s why we were such a great couple!” He didn’t pleasure me in any way but he helped me pick out my prom dress!

Was he one of the first gay people you knew in Oklahoma? Yeah. I want to tell you something I know about myself: When I was in the second or third grade, I first heard the word “dyke,” and it was in reference to a girl in our school who was very, very tomboyish. I didn’t really understand what the word was, but I knew I didn’t like the way it was said. And for some reason I’ve always been drawn to the person that was alone, and I don’t mean to make me sound like I’m Mother Teresa, because I’m not. But I’ve always been drawn to people who felt left out or different, and maybe it’s because, I too, felt different and unique. People would not think this of me, because there’s this perception of me that, “Oh, life’s been perfect and things have come so easily.”

But let’s face it: My speaking voice is very interesting. Yes, I was a cheerleader but I also wanted to do all the plays, I was in renaissance choir, and, I too, felt a little bit like an outsider. I was always drawn to people who felt that way, too. And sure, some of them were gay and I never did understand — I guess the word is fear.

God made us all equal. He made me short, he made someone gay, he made someone tall — whatever it is, it’s not a sin; it’s how we’re made. And that’s the way I feel about it. It flies in the face of a lot of what Christians believe, but as I’m finding out there’s a lot of Christian people who think the same as me. So that’s my deal, and I think we should not be careful of the unknown but rather accepting and loving of it.

As someone who’s Christian and supports the gay community, how do you feel about the pray-away-the-gay program that Michele Bachmann supports? [Long pause] You know what, you can have your opinion. One of the great things about being in this country is we get to freely say what we believe. I just don’t happen to agree with that. Though I like the “pray” part!

This article appeared in the Dallas Voice print edition September 16, 2011.

—  Michael Stephens

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