Showing posts with label Nikki Araguz. Show all posts
Showing posts with label Nikki Araguz. Show all posts


Nikki Araguz firefighters widow denied survivor benefits, now denied a Texas marriage license

HOUSTON (KHOU) -- The transgender widow of a Wharton County firefighter, whom a judge ruled was not entitled to her late husband’s death benefits because she was born a man, is challenging Texas law once more by attempting to get married again.

Nikki Araguz, 38, was the transgender wife of Wharton firefighter Thomas Araguz. He died fighting a blaze at a Wharton County farm in 2010. His family, when they found out Nikki Araguz was born a male named Justin Purdue, challenged her rights to the benefits. They argued that the marriage should be declared null and void because the Texas Constitution effectively bans same sex marriages. A judge agreed that although Araguz had her original California birth certificate amended to show that she is now female, that Texas law goes by the original birth certificate that shows Araguz/Purdue was born male.

"This is an acceptable form of identification according to your 2009 family code but you're denying me one,” Araguz said.
"Denying it per the constitutional amendment,” Stanart said.

KHOU 11 News Legal expert Professor Gerald Treece of the South Texas College of Law says Araguz is following the same argument she already lost in court. Texas law, as was the ruling in Araguz’ original case, goes by the original birth certificate, not an amended one. Araguz’ original birth certificate shows she was born a male. Under current Texas law she would always be considered a male. Therefore the Harris County Clerk denied Araguz a marriage license based on the interpretation she was marrying another man.

The three words keeping Nikki from getting a marriage license and the Achilles heel for all of us transsexual Texans "Original Birth Certificate".


Press Release from Law Firm Representing Nikki Araguz Widow of the Deceased Firefighter

Below is the press release issued today to Fhyllabuster subscribers



Contact Person: Angela Oaks, Partner

Wednesday, June 01, 2011

Houston, Texas – the law firm of Frye and Associates, representing Nikki Paige Araguz in her legal quest for the sanctity of her marriage to Thomas Araguz, is disappointed with the decision from the 329th Judicial District Court in Wharton County. The decision denies Mrs. Araguz a portion of the death benefits allotted to the surviving spouse of Texas firefighters who die in the line of duty.

Our law firm asserted, and still believes, that the Texas Legislature's 2009 amendment to the Family Code in Section 2.005 (which allows a court ordered sex change to be used as proof of identity for the purposes of obtaining a marriage license) effected a legislative override of the 1999 Littleton v Prange case (which said that legal sex, for the purpose of marriage, is determined by a presumption that chromosomes are established at birth and cannot ever be legally changed).

Our assertions were presented to the District Court in our written response along with the affidavits from our legal expert and our medical expert. These three documents -- all public records -- will be posted on the homepage of our web site by Friday, June 3rd.

An appeal with the Texas Court of Appeals in Corpus Christi, Texas, will be filed by our firm on behalf of Mrs. Araguz in a timely manner.



Cristan Williams Debates the Nikki Araguz case with fascist Dave Welch

Cristan Williams of the Transgender Center of America agreed to debate on Fox News the controversy surrounding the Nikki Araguz case. Of course the lead questions all were bent to put Cristan at a disadvantage. Happily the Fox channel home-turf was of no benefit to Dave Welch who writes for 'world daily' which publishes extremist pseudo-christian, borderline psychotic right wing screeds. Watch and enjoy.

Welch: "Clearly we are at a point when we have to defend (activate the good ol' boy netwerk) and (re)define (discriminate) with the (Texas) constitutional amendment."

Welch: "You can't legislate on a fractional percentage of society". (like blacks, Jews, transsexuals and woman?)

It is clear.

Welch is a talking head for racist patriarchal white transphobes who would pervert Christianity inorder to facilitate the subjugation of ALL minorities by the Texas legislature.

Yes Welch, we CAN 'undefine' a institution inplaced by the majority that not only discriminates against, but denies minorities by segregation the privileges enjoyed by powerholders, this is America you plastic smiling turd.

Thanks to ENDA Blog's appropriately tittled post How to debate a plastic-smiled turd!


Texas Transgender peoples Lives Riding on Nikki Araguz Marriage Litigation as Attorney General Declines to Rule

Texas transgender people like myself have long understood that living in a specific county and petitioning a particularly progressive judge to amend our drivers licence was key in establishing our correct gender identity, regardless if you were post SRS. Because there was no law or ruling by the Attorney General it allowed us to fly under the radar in this the bluest of states. It was our secret.

This allowed Texas transgender people to live our lives presenting ourselves as who we truly are without fear of arrest in the workplace and in most social situations. Most.

This is all possibly coming about to a screeching halt as our anonymity has become headlines because of the marriage controversies. Texas transgender people such as myself have our worlds riding on the outcome of the Nikki Araguz litigation recently filed in the 245th District Court of Wharton County, In the Estate of Thomas Trevino Araguz III, Deceased, Cause No. 44575.

Source Texas Attorney General Declines To Issue Opinion To Clarify Same-Sex Marriage Controversy In El Paso
"EL PASO, Texas -- El Paso County Attorney Jo Anne Bernal on Monday announced that the Office of the Texas Attorney General Greg Abbott has formally declined to issue a legal opinion regarding the granting of marriage licenses to individuals who have undergone sex change operations."

"The request was made after two Hudspeth County women - Sabrina Hill and Therese Bur requested, and were denied, a marriage license in El Paso in February of this year. As proof of identification, Hill presented a birth certificate identifying her as a male, a court order approving his name change from a male to female, and an Arizona driver's license with her new identity as a female."

"Presented with conflicting documents, the El Paso County Clerk's Office requested guidance from the County Attorney's Office as to the eligibility of the applicants to obtain a marriage license."

Legal analysis revealed the existence of a legal gray area around this particular issue, raised by recent changes adopted by the Texas Legislature. Up until 2009, the identity and gender of a marriage license applicant was established through a birth certificate.

"However, during the 81st Session, the Texas Legislature expanded the list of documents acceptable to establish proof of identity and age for purposes of obtaining a marriage license. Section 2.005(b) of the Texas Family Code lists the nineteen documents approved and, to make things more difficult, all are given equal legal weight. This is important for transgender individuals, as conflicting information on various personal documents may arise not from fraud, but because of sex reassignment surgery, and so transgender applicants should be able to self-identify their gender, as opposed to a court doing it for them."

"In a letter dated on August 6, 2010, the Texas Attorney General's Office notified the El Paso County Attorney's Office that they will refrain from answering any questions or issuing an opinion, and in fact are closing the file on this request. The reason provided for this action is that issues included in the opinion request are the subject of pending litigation recently filed in the 245th District Court of Wharton County, In the Estate of Thomas Trevino Araguz III, Deceased, Cause No. 44575. The letter further states that, once that litigation is concluded, the El Paso County Attorney could submit another request if these questions remain unresolved."

"El Paso County Attorney Jo Anne Bernal expressed her disappointment regarding the decision of the Texas Attorney General Gregg Abbott."

"Unfortunately, the ambiguity in the law and confusion for the County clerk remains," Bernal concluded.


Transgender Widow Nikki Araguz Press Conference after Court Hearing, Friday, July 23, 2010

Nikki Araguz Press Conference after Court Hearing, Friday, July 23, 2010.

Be sure to take note of the concerted media smear campaign the in-law's lawyers are engaged in.

Press Release: Widow Braves Hostile Court Proceedings:Houston, Texas
-- July 23, 2010 -- Jeers and public threats greeted Mrs. Nikki Araguz outside the Warton County Courthouse today. The Widow of Wharton County firefighter Captain Thomas Araguz, who was killed in the line of duty, was in court for the first hearing in a suit brought [...]

If you would like to help support Nikki in her hour of desperate need, donate to the TG Center Nikki Araguz Fund. The TG Center Nikki Araguz Fund not only support Nikki's ongoing legal battle, it also provides for her day-to-day needs. Donations can be made online at

Additionally, donations may be sent to the Transgender Center at:Transgender Foundation of America604 PacificHouston, TX 77006Make checks payable to Transgender Foundation of America. Please make sure to note that the donation is for the TG Center Nikki Araguz Fund.Nikki's FaceBook:

Nikki's Email: