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

Florida Finally Recognizes Martin Gill As The Legal Father To His Sons

Martin Gill, the Florida man who's been battling for years to adopt his two foster sons, and who conquered the state's ban on gays adopting back in October, has finally been granted his legal adoption. Best wishes, gents.


Permalink | 1 comment | Add to del.icio.us


Tagged: , , , ,

Queerty

—  admin

Florida Man at Center of Adoption Ban Case Officially Adopts Sons

Martin Gill and his sons are finally a family in the eyes of the law:

Gill "After a successful fight to overturn Florida’s ban on gay people serving as adoptive parents, the two young brothers adopted by Martin Gill participated in an adoption ceremony in Judge Cindy Lederman's chambers in Miami-Dade County Juvenile Court today, marking the final step in their adoption process. Gill and his partner had served as foster parents to the two brothers for six years. Gill worked with the American Civil Liberties Union to fight for the right to adopt them by challenging Florida’s 33-year-old ban on gay people adopting. As a result of the ACLU lawsuit on behalf of Gill, the ban was ended last year."

Said Leslie Cooper, staff attorney with the ACLU Lesbian, Gay, Bisexual and Transgender Project: “Martin and his family were instrumental in ending one of the most discriminatory laws in the country. Hopefully now, thousands of children in Florida who are waiting to be adopted will be able to know the love and support of having a family.”

Congratulations!


Towleroad News #gay

—  admin

Meet George Atis, The Douchebag Hockey Dad Who Bullied The Single Female Player Off His Son’s Team

Kayla Watkins is 12. She plays hockey. On a team that's otherwise all-boys. Or she did, until George Atis, a father of a male teammate who didn't like her playing skills, bullied Kayla into quitting the team. Great job, douche.

CONTINUED »


Permalink | Post a comment | Add to del.icio.us


Tagged: , , , ,

Queerty

—  admin

MEXICO CITY: Woman Becomes Surrogate Birth Mother To Gay Son’s Baby

After an in vitro fertilization procedure, a 50 year-old woman in Mexico City has become the surrogate mother to her 31 year-old gay son’s baby using a donated egg and her son’s sperm.

The baby, called Dario, was born by caesarean section on November 1 and the mother and child were sent home after a 48-hour period of observation. Doctors said there were no complications. ‘I don’t feel like a mother nor like a grandmother,’ the woman told Reforma, a Mexico City newspaper. ‘When they say “mother” to me I feel strange, and when they say “grandmother” also,’ she said. ‘I mean, he was my first grandson, and I don’t feel that way because at the same time he is my fourth son.’ The family has fully documented the circumstances of the birth so that the child will one day be able to learn of his origins.

The birth has already gotten widespread coverage on anti-gay and Christianist blogs, where it is being ridiculed as yet another example of “bizarre gay parenting.” NOM tweeted the story this morning and the Freepers are having a field day.

Joe. My. God.

—  admin