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

UN Votes to Restore Sexual Orientation to Resolution Condemning Extrajudicial, Summary and Arbitrary Executions

Good news coming in from the UN, as member states have voted to restore sexual orientation to a resolution on extrajudicial, summary or arbitrary executions. The body had voted 79 to 70 with 17 abstentions and 26 absences on November 16 to remove Sexual orientation from the resolution.

The AP reports:

Un

The removal of the reference, done at the committee level last month, alarmed human rights advocates who said gay people are among minority groups that need special protection from extrajudicial and other unjustified killings.

The assembly on Tuesday voted 93 in favor of the United States' proposal to restore the previous language, with 55 countries against and 27 abstaining. The assembly then approved the amended resolution 122 in favor, with 0 votes against, and 59 abstentions.

Ambassador Susan Rice led the efforts to reinsert the resolution, The New Civil Rights Movement reports:

Suggesting LGBT peoples are weak and invited discrimination, the United Arab Emirates spoke at length, and said it “rejects firmly” the “controversial” statement that has “no legal foundation.”

The African Group representative said they were “gravely alarmed” with the “undefined notion of sexual orientation,” and called the attempt to restore the term a “systematic attempt to create new rights,” and  said it would “jeopardize the entire human rights framework… to achieve narrow political gain.”

In a major switch, South Africa voted for the resolution, after having voted to remove sexual orientation from the resolution last month. Rowanda also spoke very eloquently. But Zimbabwe, calling the text “adventurism,” also likened homosexuality to bestiality and said “individual proclivities should be just that.”


Towleroad News #gay

—  admin

Excellent summary of the Prop 8 case

From the NYT. It’s very good. Read it.




AMERICAblog Gay

—  John Wright