View Single Post
Old 07-23-2010, 05:15 PM   #1 (permalink)
hiredgun
Addict
 
hiredgun's Avatar
 
Transgender Widow in court to protect her marital rights

The transgender widow of a Texas firefighter is under attack, with the state and the deceased husband's family claiming that she is not eligible for spousal benefits because their marriage is invalid - even though she was legally a woman when they married (and has been throughout the marriage).

Transgender widow of Texas firefighter wants to keep husband's death benefits - todaysthv.com | KTHV | Little Rock, AR

Quote:
A family feud in southern Texas is making headlines. The family of a deceased firefighter says their son didn't know his wife was actually born a male. And the family wants the marriage dissolved.

Nikki Araguz walked into the news conference flanked by two attorneys and had only one brief thing to say about the allegations, "Accusing me of fraud, because they're absolutely not true. That's all I have to say."

One minute later, she couldn't take the crush of cameras any longer and got up to leave. Moments later could be heard sobbing in the room next door.

Eight days after Thomas Araguz died battling a fire in Wharton County; his mother filed a lawsuit to block Nikki Araguz from receiving any of his death benefits. Texas law suggests Nikki is not entitled, because she was born as Justin Graham Purdue in 1975, a man.

Attorney Chad Ellis says, "The courts of appeals have looked at this issue, and have basically said that you are what you're born as."

That argument centers on this case, Christie Lee Littleton in San Antonio who was denied the right to sue a doctor for her husband's death because she too was born a man. Courts ruled her marriage invalid. But some legal analyst says that case was never ruled on by the Texas Supreme Court

Professor and legal expert Gerald Treece says, "And those people are arguing they have civil rights too. And this is going to be almost a perfect law school model testing that very premise."

It's a premise Araguz will test with attorney Phyllis Randolph Frye, who went through the stigma that comes with becoming transgendered more than 30 years ago. She says, "I don't want other people to put up with what I had to go through. And that's pretty much been my life's story since then. So it is personal."

Again, Nikki Araguz says she didn't hide anything. Nikki's parents say she has a rare birth defect, where a person has the physical traits of a female, but no uterus.
I find it shameful that this woman finds the legitimacy of her marriage under attack in her moment of deepest grief.

For me, the overriding fact here is that this man and woman mutually consented to enter a legally-recognized marriage, and neither the state nor the family has any moral right to second-guess that decision.

I am very curious what you guys would make of this, though. While it's clear to me what I find most important here, I can imagine that some of you might consider other questions and have a different perspective on the rights of the family.
hiredgun is offline  
 

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360