Dallas Voice

Texas Transgender Summit attendees on Nikki Araguz case: Littleton v. Prange is bunk

Posted on 22 Jul 2010 at 1:52pm

Dozens of individuals and organizations meeting at the Second Annual Texas Transgender Nondiscrimination Summit in Houston issued a joint statement Thursday on the Nikki Araguz case. In case you missed it, Araguz is the transgender widow of firefighter Thomas Araguz III, who died in the line of duty earlier this month. Thomas Araguz’s is family is suing Nikki Araguz in an effort to prevent her from receiving death benefits, alleging that the marriage was invalid. Below is the full text of the statement. For a list of signatories, go here.

HOUSTON, Texas (July 22, 2010) — We, the attendees of the Second Annual Texas Transgender Nondiscrimination Summit, issue this statement to demonstrate our support for Mrs. Nikki Araguz and to call attention to her plight and that of all transgender people in the state of Texas.

Mrs. Nikki Araguz legally married a man, and her marriage has been recognized under the laws of the state of Texas. Nikki’s husband, a fireman in Wharton County, tragically was killed in the line of duty, and now other parties are attempting to use the courts to have her marriage legally overturned in an effort to deny her inheritance and insurance.

These parties are claiming that Nikki is not legally a woman under Texas law. Nikki’s opponents are attempting to use an obscure Texas case, Littleton v. Prange (1999), to declare that her marriage should be invalid. The Littleton case says that a person’s gender is determined by chromosomes, not physical attributes. The Littleton case was decided to deny a transgender woman her right to bring a wrongful death suit on behalf of her husband — even though Littleton had legally changed her gender and had been legally married in Texas.

The Littleton case was wrongfully decided at the time, and if taken literally stands for the proposition that a transgender person cannot marry anyone, of either gender, under Texas law. Clearly, this is wrong. Denying anyone the right to marry whom they love is a violation of the most basic freedoms under our laws. To deny the validity of an existing, legal marriage, after one of the spouses has died, as justification for the redistribution of inheritance and insurance, is abhorrent to the values of common decency, fair play, and justice that most Texans hold dear.

We, the attendees of this Summit, extend our heartfelt condolences to Mrs. Araguz, and call for the swift dismissal of this lawsuit so that Mrs. Araguz may be left to mourn her loss in private without distraction or worry for her financial stability.

If necessary, we also call for the courts to consider the Littleton case superseded by the recent changes to the Texas Family Code that recognize a court ordered gender change as definitive proof of identity.

Sadly, discrimination against people because of either their gender identity or expression is common. There are few laws in the state of Texas to address this need. The purpose of our Summit is to find ways to help people confront and overcome the issues now facing all transgender people in Texas and, tragically, Mrs. Nikki Araguz.

— John Wright

‘Christian’ group plans to attend Fort Worth council meeting tonight to protest city’s ‘homosexual/transgender agenda’

Posted on 13 Jul 2010 at 4:50pm

Earlier today, I got an e-mail from Pastor Curtis Smith with Trinity Metropolitan Community Church in Arlington, saying that a group calling itself “Believers Stand United” had been circulating an e-mail urging all the God-fearing Christians in the Metroplex to head over to Cowtown tonight for the Fort Worth City Council meeting to speak out against an impending “major move by the city to promote and implement a homosexual/transgender agenda in the city.”

The e-mail talked about the 20 recommendations made by the City Manager’s Diversity Task Force in the wake of the Rainbow Lounge raid last June, and warned that the city manager “has started implementation of these without public discussion.”

(Just for the record, most of the items on the list required no action by the City Council. The only one that did that has been implemented was the amendment of the city’s nondiscrimination ordinance to include protections for transgender people, and that happened after a marathon council session last year during which PLENTY of people had the chance to speak against it.)

The-email said: “All of these recommendations would be funded by your dollars as a taxpayer in Fort Worth and would give this group of citizens’ special status and privileges.” Hmm. We haven’t heard that “special privileges” argument before, have we?

The e-mail continued:

“Several churches and ministries are planning to attend the Fort Worth City Council meeting scheduled for Tuesday, July 13. The purpose of this meeting is two fold. First, to have the Christian community’s voice heard with regards to the cities plans to promote the homosexual lifestyle with taxpayer dollars. Second, to show support for our Police Department and to those officers who serve the city.

“We would like your involvement and participation in this meeting. Invite and bring as many people as you can to the city council meeting. Several pastors and ministers form the community as well from our ministry will be addressing the city council. The city council meeting starts at 7pm, but I would encourage you to get there early to ensure a seat. Click Here for directions to City Hall.

“There is a move in this country to redefine marriage. We as believers need to stand up in love and have our voices heard on this issue. Numbers matter; even if you do not live in Fort Worth your presence at this meeting will have a profound affect. Again, the meeting is scheduled for Tuesday, July13 at 7pm in City Hall – 1000 Throckmorton St, Fort Worth 76102. Thank you for taking action. God loves everyone, and so do we.”

(Don’t you just love that last part: “God loves everyone, and so do we”? Oh yeah, these folks are just oozing love for the homosexuals and transgenders, aren’t they?)

Well, Pastor Smith was encouraging the LGBT community and our supporters to turn out for the meeting, too, to try and counteract all that love. And the folks over at Fairness Fort Worth — who said the group planning to attend the meeting are an offshoot of the Kenneth Copeland Ministries, led by Kenneth’s son John — are also stepping up to the plate to make sure the anti-gay agenda doesn’t get a free pass.

Here’s the statement from Fairness Fort Worth:

“To our GLBT Community and Supporters,

“Over the last 48 hours you may have heard that an off-shoot of Kenneth Copeland Ministries plans to attend tonight’s Fort Worth City Council meeting to protest issues important to us. Many have asked if we should create a large turnout as we did this time last year. Fairness Fort Worth recommends that we save that for a more productive day.

“Here’s why. Citizen presentations occur at the tail-end of the meeting. While last year the mayor moved these up due to an urgent issue — this time around there isn’t anything so pressing. In fact, this promises to be one of the longest Council meetings of the year. You’re certainly welcome to attend, but know this meeting may easily go until 1 a.m. Nothing on the agenda tonight specifically addresses GLBT issues. However, we have contingency plans in place to address adversarial remarks should it be necessary on any agenda item.

“Fairness Fort Worth continues to work through and be a significant stakeholder in our city process. Council members have come to respect our participation. This evening they will see the faces of our GLBT and supportive straight leadership in the gallery reinforcing the amazing initiatives they have taken over the last year.

“Tonight, watch the news; tomorrow, check your paper. Have water-cooler discussions with your colleagues and heart-to-heart conversations with your family and friends. Others may manufacture problems. We’re creating solutions.”

I also talked to Jason Lamers in Mayor Mike Moncrief’s office. He told me that there was nothing on the agenda specifically related to the LGBT community, and that he had not heard anything about the “Believers Stand United” group coming to the council meeting tonight. And, like Fairness Fort Worth, he warned that the meeting is likely to last late into the evening — at least till midnight — and that the public comment part of the meeting won’t happen until the end. He also pointed out that you can watch the council meeting live online at the Fort Worth city website.

So there you have it. The so-called Christians are planning to take their hate to the Fort Worth City Council again tonight. Fairness Fort Worth has pledged to have people there ready to answer the hatefulness if and when the need arises. But it couldn’t hurt to have a few more friendly LGBT faces in the crowd to back them up.

Watch for coverage of the meeting here on the blog tomorrow and in Friday’s Dallas Voice.

— admin

'Blue sheet' uncovered: A copy of the DART resolution on transgender protections

Posted on 23 Jun 2010 at 1:24pm

DART spokesman Morgan Lyons just sent along a copy of the two-page resolution that was apparently approved by the DART board last night. Lyons also promises to call soon, but based on his e-mail, it looks like the board did in fact approve the proposed nondiscrimination policy minus the word “except.” In other words, board member Claude Williams’ interpretation was correct. I guess this is the “blue sheet” to which Board Chairman William Velasco was alluding. But as you can see after the jump, this version ain’t blue.

Continue reading “'Blue sheet' uncovered: A copy of the DART resolution on transgender protections” »

— John Wright

Questions linger over DART board's vote Tuesday night on transgender protections

Posted on 23 Jun 2010 at 11:40am

DART board member Ray Noah, left, and agency general counsel Hyattye Simmons look on Tuesday night. Noah is the board member who proposed a one-word amendment last week that would have gutted the transgender protections. And Simmons may have been a co-conspirator.

We have phone calls and e-mails in to DART spokesman Morgan Lyons seeking clarification and confirmation about what exactly the agency’s Board of Directors approved last night with regard to transgender protections.

There are two conflicting interpretations of what happened during the meeting. We’ll explain after the jump.

Continue reading “Questions linger over DART board's vote Tuesday night on transgender protections” »

— John Wright

Former Rep. Hodge reports to prison

Posted on 22 Jun 2010 at 9:38am

Former State Rep. Terri Hodge

Former State Rep. Terri Hodge, 69, is to report to federal prison in Kentucky today.

For the LGBT community, there is some bittersweet irony in the date.

This week marks the 15th anniversary of DART adding sexual orientation to its nondiscrimination policy. And tonight the DART board will consider whether to extend the policy to include gender identity.

Hodge was the DART board member who wrote the sexual orientation language adopted by the board in 1995.

A longtime LGBT ally, Hodge resigned from the Texas Legislature earlier this year and pleaded guilty to tax evasion. She has agreed to cooperate in an ongoing case involving 10 other defendants. In addition to prison, she may have to pay $10,000 in back taxes.

Before leaving for Kentucky, Hodge told a reporter she’s not guilty of more serious bribery charges and implied she was set up politically for being on the wrong side of a number of issues.

— David Taffet

Petition urges DART to add trans protections

Posted on 01 Jun 2010 at 8:48am

Pamela Dunlop Gates was one of three board members appointed by the city of Dallas who voted to delay the decision.

Looks like someone has posted a petition over at Change.org titled, “Urge Dallas Area Rapid Transit to Add Gender Identity to Nondiscrimination Policies.” The petition had 126 signatures as of this morning. You can sign it by going here.

As we reported last week, DART’s Board of Directors voted 6-5 to delay a decision on adding transgender protections, after some members requested additional information from the agency’s attorneys. (Yes, the same attorneys who created this whole mess by sticking their noses in a transgender employee’s family court case.) The board will take up the matter again June 15.

Voting to delay the decision were DART board members Pamela Dunlop Gates, Bill Velasco, Bob Strauss, Ray Noah, Mark Enoch and Loretta Ellerbe. Interestingly, Dunlop Gates, Velasco and Strauss all represent the city of Dallas, which has included gender identity in a nondiscrimination ordinance for the last eight years.

Noah represents Addison, Highland Park, Richardson and University Park; Enoch represents Farmers Branch, Garland and Rowlett; and Ellerbe represents Plano.

Contact information is noticeably absent from board members’ bio pages on the DART website, but I’m told you can try to reach them by calling 214-749-3278.

— John Wright

Because if we can pass LGBT protections in Logan, Utah, we should be able to pass ENDA

Posted on 18 May 2010 at 8:51am

(The Herald Journal)

UPDATE: The ordinance passed Tuesday night by a vote of 4-0, with one council member abstaining.

Sometime in a past life that now seems like only a dream, I spent two years working for the daily newspaper in Logan, Utah.

Logan, home to Utah State University, is in a mountain valley with stunning scenery and long, cold winters about 80 miles north of Salt Lake City.

The city’s population is roughly 50,000, and the vast majority of residents are members of the Church of Jesus Christ of Latter-day Saints.

Which is why it’s so hard to believe that the Logan City Council will consider an ordinance tonight that would ban discrimination based on sexual orientation and gender identity in employment and housing.

Continue reading “Because if we can pass LGBT protections in Logan, Utah, we should be able to pass ENDA” »

— John Wright

DART committee to vote on trans protections

Posted on 10 May 2010 at 9:02am

A Dallas Area Rapid Transit committee is expected to vote Tuesday on a proposal to add gender identity to the agency’s employment nondiscrimination policy.

The proposed policy change came about as a result of DART’s alleged discrimination against a transgender bus driver.

Last year, DART attorneys sought to intervene in family court to oppose the employee’s petition for a gender-marker change.

The employee, who’s been with the agency for 25 years, began transitioning in 2003 and had sexual reassignment surgery about three years ago. The employee alleges that DART supervisors have at various times told she couldn’t have long hair, couldn’t wear a dress and couldn’t use women’s restrooms at the bus yard.

Dallas Voice articles about the alleged discrimination prompted an outrcy from the LGBT community, with activists speaking at several DART board meetings earlier this year.

If the policy change is approved by the Economic Opportunity and Diversity Committeee, it will proceed to the full board, which could take a final vote in June. Tuesday’s committee meeting will be at 3:30 p.m. in DART Conference Room C, on the first floor of the agency’s headquarters at 1401 Pacific Ave. in Dallas.

— John Wright

Senior VP at Baylor responds to gay couple being denied family gym membership

Posted on 07 May 2010 at 10:38am

Jennifer Coleman

Jennifer Coleman, Baylor Health Care System’s senior vice president for consumer affairs, has commented on the below post about the Baylor Tom Landry Fitness Center’s refusal to allow gay couples to sign up for family memberships. For my full story on the situation, go here.

I’ve tried calling Coleman in response to her comments, but her assistant tells me she’s at a two-day conference and unavailable. Well, apparently not too unavailable to comment on this blog, but anyhow, it sounds like Coleman is working to address the problem. After the jump, find out what she’s said.

Continue reading “Senior VP at Baylor responds to gay couple being denied family gym membership” »

— John Wright

City of Dallas says its nondiscrimination ordinance doesn't apply to DART

Posted on 10 Mar 2010 at 8:33pm

The director of the city of Dallas’ Fair Housing Office confirmed today that the city’s nondiscrimination ordinance doesn’t apply to Dallas Area Rapid Transit, because DART is considered a political subdivision of the state of Texas. The Fair Housing Office investigates complaints under the ordinance, which includes discrimination based on gender identity but exempts the state and federal governments and their political subdivisions. Since my initial story about the transgender DART employee three weeks ago, several poeple have asked whether she could pursue a complaint under the city’s nondiscrimination ordinance. The answer, according to the Fair Housing Office, is no, and this is one of the limitations of having a city ordinance instead of a state or federal law banning anti-LGBT discrimination. Indeed, there are questions as to whether the ordinance even applies to the city of Dallas itself. Ken Upton, senior staff attorney for Lambda Legal in Dallas, has told me that according to his interpretation of the ordinance, the city of Dallas is exempt because it’s a political subdivision of the state. Others disagree, and it’s worth noting that in the case of the only known transgender city employee, Police Officer Deborah Grabowski, the city was fully supportive.

— John Wright