Nikki Araguz
We’re a few hours late to this because I just emerged from the basement of the Interfaith Peace Chapel at the Cathedral of Hope, where about 50 people rode out a possible tornado immediately after Dallas Voice’s mayoral runoff forum.
Anyhow, State District Judge Randy Clapp today ruled against transsexual widow Nikki Araguz and declared her marriage invalid, meaning she cannot receive death benefits from her husband, a volunteer firefighter killed in the line of duty last year. This ruling, a copy of which has not been released, was pretty much expected coming from a state district judge in Wharton, but Nikki Araguz says she’ll appeal the decision, and some observers say the case could wind up at the U.S. Supreme Court.
“We had a completely honest marriage, a 100 percent loving, honest marriage,” she said in a press release after the ruling. “I continue to grieve the loss of my husband and best friend. I consider this case not over and we will immediately file an appeal to the high court. With this ruling I continue to be reminded of the bias that exists toward transsexual and intersex people ignoring the laws of Texas that recognize their medical and surgical transition.
“Both myself and my family are grateful for the outpouring of understanding, kindness, sympathy, and support over the past year. I ask that you continue to hold me and Thomas in your heart and prayers,” Araguz said.
that is not good news, but not unexpected. i suppose a very strict reading means you have to have a valid marriage to get benefits, and since same sex marriage is not valid in texas, no benefits. it seems though i could assign certain benefits to my mother or sister and of course there is no marriage involved there; maybe that depends on the employer or type of benefits? at least Nikki looks fierce in that dress …
Well, to whomever may read this:
I am in a similar situation but not exactly like this. I was born Intersexed with P.A.I.S. Grade 3 (Partial Androgen Insensitivity Syndrome) and designated ‘male’ at birth despite no testes present and other P.A.I.S. related symptoms as a child and adulthood. I married a genetic female here in Texas in 1996 as a normal heterosexual couple. But I had gender-altering surgery in 2007 and it was found out that by legal definition I was to be considered by the medical community as “True Hermaphrodite” due to having one ovary and one testicle. So my surgeon wrote a letter stating so and it was notarized.
This allowed me to change my name & gender marker (male to female) flawlessly with ease. The judge I had in Tarrant county court was actually sympathetic. Now her (my spouse) and I have had to battle with our employers, healthcare professionals, the state and other federal agencies that we are NOT a lesbian couple (not that there is anything wrong with that – we’re supporters of GLBT marriage). I’ve had my medical and flight benefits (we are in the airline business) reduced or taken away due to being a same sex couple.
I have had to fight for whats right with them and successfully won my battle and had everything reinstated! This is BS due to the fact that my marriage certificate is based on being a heterosexual couple. Just because my gender change is POST marriage, my marriage is not null & void like agencies and employers want to make it appear to be!
I even contacted LAMBDA Legal recently and after their investigation, they have concluded that my marriage is legal. It sucks that we have to fight for what should be considered not an issue in the first place.
I have successfully transitioned surgically, hormonally and socially. I think that my big battles are behind me now. When people ask us if were lesbians we just say: We are two people who are each others soul-mates. Gender shouldn’t even be a consideration. One of us happens to be dual gendered.
Fight for what is right. It feels great to have fought the system and won!
Signed,
A in love couple from Hurst
PS, If anyone is going through a similar situation or just wants more info on our specific case I can be contaced at: FAOIMR@GMAIL.COM
Thank You
Only in Texas can this woman, Nikki Araguz, only legally marry another woman, but not a man.All to protect straight marriage!
How F-ed up is that!
Mikayla, If your or your wife’s employer ever again gives you any grief about the validity of your marriage, you may want to point out that the federal government agrees that your transition does not invalidate your marriage. Recent guidance from the federal Office of Personnel Management, applicable to all federal employment, states, “If the employees in transition are validly married at the time of the transition, the transition does not affect the validity of that marriage, and spousal coverage should be extended or continued even though the employee in transition has a new name and gender.” You can read it for yourself here: https://www.opm.gov/diversity/Transgender/Guidance.asp.
The way I see it the judge is under mining the law along with others that continue to discriminate against the transsexual individuals of this country. Nikki Araguz and other transsexual individual have as much right to file for claim benefits as much as anyone else that is not transsexual. Laws are to protect individuals rights in this country and not to persecute weather different or in different. Nikki Araguz is told that she cannot receive death benefits from her husband, who was a volunteer firefighter killed in the line of duty is intitled to them according to government law and there fore should not be denied them regardless of her sex or gender. I don’t care who we are we are all born with rights and they should be respected to the letter of the law. The judge made the ruling decision should be over turned, as a matter of law.