What’s Shakin’ – Siriano at Galleria, Voter turnout continues to lag

Christian Siriano

Christian Siriano

1. As previously reported by Houstini, Project Runway Season 5 winner Christian Siriano’s coming to the Houston Galleria Payless Shoe store today to show off his expanded Payless collection, including an assortment of shoes and handbags. Siriano will be available for photos with his “fierce” -ly loyal fans. The posing and pouting kick off at 5 pm at the Galleria, 5061 Westheimer Road.

2. Voter turnout continues to be paltry. So far 40,189 people have voted, only 71% of the 55,152 who had voted by this point during the 2009 municipal elections.  Early voting continues through November 4.  Election day is Nov 8. A list of all early voting locations and sample ballots  are available at harrisvotes.org.

3. Yesterday Rep. Todd Akin, R – MO, who successfully introduced an amendment to the House version of the National Defense Authorization Act earlier this year which would prohibit same-sex marriages from being performed on U.S. military bases, delivered a letter to the Senate calling on them to pass similar legislation.  The letter was signed by 86 members of the 435 member House, including 7 Texans, all Republicans: Mike Conaway, Francisco Canseco, Louie Gohmert, Ralph Hall, Sam Johnson, Michael McCaul and Randy Nuegebauer.

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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

GOP Rep. Randy Forbes: Make All Federal Docs Say “Mother” And “Father”

GOP Rep. Randy Forbes (VA) has introduced legislation which would require all federal documents to use only the words “mother” and “father” when describing parents. Forbes’ bill is meant to directly counter a recent compromise by Clinton’s State Department, which last month added the words “Parent 1″ and “Parent 2″ to passport applications. When we last heard from Forbes, he had introduced a House resolution calling for the words “In God We Trust” to be added to every public building, including courtrooms, schools, and government offices.

Joe. My. God.

—  David Taffet

Randy Rainbow Needs Brent Corrigan’s Non-Judgmental Advice About His Mel Gibson Sex Tape

I justknew that Randy Rainbow (aka this generation's TV Funhouse) was getting into trouble when he started dating Mel Gibson. Now there's a sex tape of these two that leaked! Can you believe? When Randy went to Dr. Laura for advice on his relationship, I never thought it would be Brent Corrigan who offered the best counseling: next time, use better lighting.


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Exodus International’s Randy Thomas Is Uninsurable

What has Obamacare done for you lately? It hasn't helped Randy Thomas, executive vice president of heterosexuality-for-gays organization Exodus International, figure out why his abdomen hurt so much! And that hasn't helped him get life insurance coverage. Sads!

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Why Won’t Liza Minnelli Perform a Duet With Randy Rainbow?

Having calmed down after being passed over for a daytime talk show gig, Randy Rainbow won't let anything get in the way of his showbiz career. But after (trying to) enlist the help of a few Broadway legends like Patti LuPone and Bernadette Peters for his Laurie Beechman Theatre benefit performance, Randy finds the Great White Way turning its back on his legendary vocals.

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