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

Cedar Springs car show, sidewalk sale postponed

Because of anticipated bad weather, the antique car show and sidewalk sale that was scheduled for Saturday on the Cedar Springs strip has been postponed.

According to Scott Whittall, president of the Cedar Springs Merchants Association, classic car owners are reluctant to exhibit their vehicles on the street in the rain. He noted that rain isn’t conducive to a sidewalk sale, either.

Both the sale and car show have been moved to June 4 and will become part of the revived Razzle Dazzle Dallas event that will be held on the street June 1-5. The car show is in conjunction with the Classic Chassis Car Club.

See next week’s Dallas Voice for complete Razzle Dazzle Dallas coverage.

—  David Taffet

Drawing Dallas

Makeup artist Tony Price is hoppy to be our Easter cover boy

MARK STOKES  | Illustrator
mark@markdrawsfunny.com

Name and age: Tony Price, 20

Spotted at: Intersection of Lemmon and McKinney

Occupation: Student in cosmetology and makeup; model

Born in Tulsa, this tall, fit Virgo moved here from Tangipahoa Parrish, La., five months ago to continue his education in cosmetology and make-up. Tony grew up the middle son between two sisters, and in school excelled in track and field, and he continues to stay in shape by running and lifting weights. He enjoys meditation, dance, the arts and, of course, makeup.

Tony remembers the fifth grade very well. That was the year a cousin, who was then in cosmetology school, sparked an interest in him becoming interested in doing hair. His grandmother, a fabulous cook, tempted him to consider a career in the culinary arts, but makeup won out and Tony continues his education to become an artist extraordinaire. His goal is to own his own spa and become celebrated for his cosmetic skills.

Tony will spend his Easter with family, sharing good times and a great meal that he will cook himself.

—  John Wright

Forget birther movement: Fischer’s moved on to born-eight-years-ago claims

He’s the most powerful man in the free world. But now the American Family Association’s incredibly incendiary Bryan Fischer is suggesting that at his heart, President Obama is actually little more than a petulant third grader:

The president developed a habit during the campaign of subtly flipping people off by scratching his face with his middle fingerNow I believe the president has done it again. Go to the 1:27 mark in this video to catch Jake Tapper’s question, and watch the president flip him off at the 2:19 mark for asking such an irritating and awkward question

Screen Shot 2010-11-05 At 1.59.03 Pm

If this indeed is what is happening, it reveals something dark and thuggish about the president’s character, something far beneath the dignity of the office. The president is beginning to remind me of a juvenile delinquent as much as anything else: immaturity, an absence of moral values, and a perverse delight in destroying things (like the American economy) just for the pleasure of it.

FULL PIECE: Bryan Fischer: Did The Predient Flip Off Jake Tapper? (see videos) [AFA]

Stay tuned for Bryan’s next article, where we hear he’ll finally reveal secret, unearthed footage of the President first taking his toys and then proceeding to go home.

***

**FOR THOSE NOT FAMILIAR WITH FISCHER: He’s the guy who’s said that “homosexuals in the military gave us…six million dead Jews,” who’s said “homosexuals should be disqualified from public office,” who has called on Christian conservatives to breed gays and progressives out of existence, has called gay sex a “form of domestic terrorism,” who’s said only gays were savage enough for Hitler, has compared gays to heroin abusers, has directly compared laws against gay soldiers to those that apply to bank robbers, who once invoked a Biblical story about stabbing “sexually immoral” people with spears, saying we need this kind of action in modern day, and who has spoken out against gays serving as public school teachers, and who has blamed gay activists for dead gay kids, saying that: “If we want to see fewer students commit suicide, we want fewer homosexual students.”




Good As You

—  admin