Joan Rivers in critical condition after complications during throat surgery

joan_rivers

Joan Rivers

 

TMZ is reporting that acerbic comedienne Joan Rivers is in critical condition at Mt. Sinai Hospital in New York following complications during surgery on her throat early this morning at a clinic.

The entertainment news website initially reported that Rivers, 81, stopped breathing during surgery on her vocal cords. An update to the story indicated that Rivers’ heart stopped beating.

—  Tammye Nash

What’s Shakin’ – Wings of Desire at MFAH, IRS to allow deductions for gender transition

Wings of Desire1. If you’re a fan of German films that are partially in French, the film oeuvre of Peter Faulk and sexy trapeze artists with existential angst then “Wings of Desire” is your kind of flick.  The 1987 Wim Wenders masterpiece tells the story of an Angel (Bruno Ganz) who, after watching humanity since the dawn of time, desires to become human so he can be with the woman he loves. “Wings of Desire” screens tonight at 7 pm at the Museum of Fine Art Houston (1001 Bissonnet).

2. Transgender Americans who undergo hormone therapy or receive gender realignment surgery may now be able to deduct the costs of those treatments on their taxes. According to GLAD, the Gay and Lesbian Advocates and Defenders, the IRS has issued an “action on decision” statement saying that the agency will acquiesce to an appeals court ruling allowing the deductions. GLAD cautions that medical deductions can still be audited and encourages anyone planning to deduct cost of transition medical expenses to rigorously document the medical necessity of treatments and consult with a tax professional when preparing return

3. Election day is tomorrow. If you’re one of the 58,345 people in Harris County who voted early, then good for you.  If not, you’ll want to visit HarrisVotes.org and find out where to go to cast your ballot.  Polls open at 7 am on Tuesday and close at 7 pm sharp.

—  admin

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

UPDATE: AZ U.S. Rep. Gabrielle Giffords clears surgery after attempted assassination in Tucson

4:05 PM ET: From live presser re: AZ shooting – surgeon says he’s “as optimistic as he can be” about Giffords’ recovery (full recovery unclear). Surgery over. One child shot has died. Federal authorities identify the gunman as Jared Laughner of Arizona, born September 1988.

U.S. Rep. Gabrielle Giffords was hosting her first “Congress on Your Corner” at a Safeway supermarket in northwest Tucson when she and at least 12 people were shot.

This is the first female member of Congress targeted for assassination; Giffords is a member of the LGBT Caucus. From LGBTPOV:

This blogger notes that Gifford was on Sarah Palin’s political hit list for her support of healthcare reform. The blogger agrees and says: “I intend to do my part to help make her pay.”
“As those of us who follow Sarah Palin’s political activity are aware, the former Governor of Alaska has strongly recommended that We the People Take Back the 20 in the November elections. The 20 under discussion are legitimately vulnerable Democrats up for reelection to Congress this fall and who also live in voting districts that went for McCain/Palin in 2008. One of those Democrats is Representative Gabrielle Giffords of Arizona’s District 8.

Gaby Giffords is also on my personal political hit list, primarily because Pam and I live in Cochise County, Arizona, which is part of District 8. We don’t appreciate our Representative going against our wishes and voting for Obama’s Health Care Deformed…and I intend to do my part to help make her pay.”

From CNN:

UPDATE: The right-wing blogger took his post down but here’s a screencap:

UPDATE #2: Sarah Palin has taken down a page from the SarahPAC website that showed Rep. Giffords and others targeted in Tea Party cross hairs.

Sarah Palin’s statement on her Facebook page: (be sure to check out the comments)

My sincere condolences are offered to the family of Rep. Gabrielle Giffords and the other victims of today’s tragic shooting in Arizona.

On behalf of Todd and my family, we all pray for the victims and their families, and for peace and justice.

- Sarah Palin

Statement from the President:

THE WHITE HOUSE

Office of the Press Secretary

_____________________________________________________________

FOR IMMEDIATE RELEASE

January 8, 2011

STATEMENT BY THE PRESIDENT

This morning, in an unspeakable tragedy, a number of Americans were shot in Tucson, Arizona, at a constituent meeting with Congresswoman Gabrielle Giffords.  And while we are continuing to receive information, we know that some have passed away, and that Representative Giffords is gravely wounded.

We do not yet have all the answers.  What we do know is that such a senseless and terrible act of violence has no place in a free society.  I ask all Americans to join me and Michelle in keeping Representative Giffords, the victims of this tragedy, and their families in our prayers.

UPDATE 3: Giffords interviewed recently about being “targeted”:

Visit msnbc.com for breaking news, world news, and news about the economy

“We’re on Sarah Palin’s targeted list, but, the thing is, that the way that she has it depicted, has the crosshairs of a gunsight over our district. When people do that, they’ve got to realize there’s consequences to that action.”

 
Pam’s House Blend – Front Page

—  admin

DART accused of transphobia

Judge reversed order after transit agency fought longtime employee’s gender-marker change last year

John Wright | News Editor
wright@dallasvoice.com

TRANS FRIENDLY? | Judge Lynn Cherry, right, is shown alongside drag performer Chanel during Stonewall Democrats’ 2008 holiday party at the Round-Up Saloon. A few months later, Cherry ruled against a transgender DART employee and overturned a gender-marker change. (John Wright/Dallas Voice)

DART stands accused of bigotry and transphobia after attorneys for the local transit agency intervened in family court last year to challenge a gender-marker change granted to an employee.

According to court records, a transgender DART employee obtained a court order in February 2009 directing all state agencies to correct their records by changing her gender-marker from male to female, including on her birth certificate.

As Dallas Voice reported last week, many Dallas County judges have been routinely granting gender-marker changes to transgender people who meet set criteria — including documentation from licensed medical personnel — since the Democratic sweep of 2006.

The DART employee, who’s name is being withheld to protect her anonymity, later presented the court order to the transit agency’s human resources department and requested that her personnel records be changed to reflect her new gender.

But DART’s attorneys objected to the gender-marker change and responded by filing a motion seeking a rehearing in court. DART’s objections prompted 301st Family District Court Judge Lynn Cherry to reverse her order granting the gender-marker change.

“Where does this stop when an employer can start interfering with your personal life and family law decisions?” said longtime local transgender activist Pamela Curry, a friend of the DART employee who brought the case to the attention of Dallas Voice. “She was devastated. This should be a serious concern to a lot of people — everybody — and I just think this story needs to be told.”

Judge Cherry, who received Stonewall Democrats of Dallas’ Pink Pump Award for her support of the group last year, didn’t respond to messages seeking comment this week.

Morgan Lyons, a spokesman for DART, noted that Cherry reversed her order before the agency actually filed its motion for a rehearing. However, Curry alleges that DART’s attorneys met with Cherry privately and pressured her into reversing the order.

As is common with gender-marker changes, the case file has been sealed, but Dallas Voice obtained copies of some of the court documents from Curry.

In their motion for a rehearing, DART attorneys Harold R. McKeever and Hyattye Simmons argued that Texas law grants registrars, not judges, the authority to amend birth certificates. They also argued that birth certificates could be amended only if they were inaccurate at the time of birth.

“It’s not a DART issue, it’s a point of law,” Lyons told Dallas Voice this week, in response to the allegations of bigotry. “The lawyers concluded that the birth certificate could not be altered by law, unless there was a mistake made when the birth certificate was completed, and again, the judge changed the order before we even wound up going into court with it.”

Asked about DART’s LGBT-related employment policies, Lyons said the agency’s nondiscrimination policy includes sexual orientation but not gender identity/expression. The agency, which is governed by representatives from Dallas and numerous suburbs, also doesn’t offer benefits to the domestic partners of employees.

Lyons didn’t respond to other allegations made by Curry, including that the agency has fought the employee’s transition from male to female at every step of the way.

Curry, who helped the employee file her pro se petition for a gender-marker change, said the employee has worked for DART for more than 20 years and has an outstanding performance record.

The employee began to come out as transgender in 2003 and had gender reassignment surgery more than three years ago, Curry said. Curry said DART supervisors have at various times told the employee that she couldn’t have long hair, couldn’t wear skirts to work and couldn’t use women’s restrooms at work.

The employee has responded by showing up at work in her uniform so she doesn’t have to change and using public restrooms on her bus route, Curry said.

Supervisors have also told the employee she can’t talk to the media and can’t join political groups, such as Stonewall Democrats, Curry said.

“She’s intimidated and she’s scared,” Curry said. “One supervisor even suggested to her that if she doesn’t lay off it, they will mess up her retirement.”

Elaine Mosher, a Dallas attorney who’s familiar with the case, also questioned why DART intervened. Mosher didn’t represent the employee in the case but has handled gender-marker changes for other clients.

Mosher said the employee’s gender doesn’t have any bearing on her ability to do her job at DART.

“My argument in any gender marker matter is, the birth certificate was wrong, that’s why they had to go through the transition surgery, in essence to put them in the correct gender,” Mosher said. “All I can tell you is that it seems strange to me that DART would care one way or another what the gender marker of anybody that works for them is.”

Moster added that she believes someone at DART may have been “freaked out” by the employee’s transition from male to female and developed a “vendetta” against her.

“I wish I had a good explanation for why [DART got involved] other than the fact that I know there are people out there who are utterly blind and prejudiced for no other reason than they are,” Mosher said. “I compare it to some of the nonsense African-Americans had to live through in the ’60s.”

Mosher also said she’s “very surprised” that Cherry reversed the order granting the gender marker change.

Erin Moore, president of Stonewall Democrats, said she’s heard “bits and pieces” of the story but isn’t sure of all the facts.

Moore said in response to her questions about the case, Cherry told her she couldn’t talk about it because it’s still within the timeframe for a possible appeal.

“Lynn is a longtime supporter of Stonewall and I would think she would be fair in the case,” Moore said. “I’m confident she’s an ally to this community.”

This article appeared in the Dallas Voice print edition February 19, 2010.

—  admin