Transgender Widow in court to protect her marital rights - Tilted Forum Project Discussion Community

hiredgun · 07-23-2010, 05:15 PM

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.

Baraka_Guru · 07-23-2010, 05:41 PM

She's being accused of marriage fraud on the basis of sexual identity. This is a form of discrimination that is prohibited in my country by the Charter of Rights and Freedoms.

In 2005, the Canadian federal government passed a bill that legalized same-sex marriage nationwide. We are not the only country to do so. It's unfortunate that it appears the U.S. is several years behind.

But this is kinda beside the point. The victim in this case identifies as a woman and has since before the marriage. This isn't so much as a same-sex marriage issue as it is a sexual-identity discrimination issue.

In terms of legal matters, I can see how the courts would rule against her. After all, the law is the law. However, if this is the case, the laws are outdated.

I hope she gets her benefits.

genuinegirly · 07-23-2010, 07:20 PM

That she is rejected by her husband's family during this time of grief makes the situation even more heartbreaking. I really wish the supreme court would take on a case like this.

Wes Mantooth · 07-23-2010, 10:06 PM

Odd case, I guess it unfortunately comes down to the letter of the law. If being transgender is grounds for making a marriage invalid then I'm not sure what recourse she legally has. It's very sad.

I have to agree with genuinegirly, I too wish the supreme court would take on a case like this. This kind of stuff REALLY needs to stop, its pointless.

07-23-2010, 05:41 PM	#2 (permalink)
Baraka_Guru warrior bodhisattva Super Moderator Location: East-central Canada	She's being accused of marriage fraud on the basis of sexual identity. This is a form of discrimination that is prohibited in my country by the Charter of Rights and Freedoms. In 2005, the Canadian federal government passed a bill that legalized same-sex marriage nationwide. We are not the only country to do so. It's unfortunate that it appears the U.S. is several years behind. But this is kinda beside the point. The victim in this case identifies as a woman and has since before the marriage. This isn't so much as a same-sex marriage issue as it is a sexual-identity discrimination issue. In terms of legal matters, I can see how the courts would rule against her. After all, the law is the law. However, if this is the case, the laws are outdated. I hope she gets her benefits. __________________ Knowing that death is certain and that the time of death is uncertain, what's the most important thing? —Bhikkhuni Pema Chödrön Humankind cannot bear very much reality. —From "Burnt Norton," Four Quartets (1936), T. S. Eliot

07-23-2010, 07:20 PM	#3 (permalink)
genuinegirly Eat your vegetables Super Moderator Location: Arabidopsis-ville	That she is rejected by her husband's family during this time of grief makes the situation even more heartbreaking. I really wish the supreme court would take on a case like this. __________________ "Sometimes I have to remember that things are brought to me for a reason, either for my own lessons or for the benefit of others." Cynthetiq "violence is no more or less real than non-violence." roachboy

07-23-2010, 10:06 PM	#4 (permalink)
Wes Mantooth Junkie Location: Tennessee	Odd case, I guess it unfortunately comes down to the letter of the law. If being transgender is grounds for making a marriage invalid then I'm not sure what recourse she legally has. It's very sad. I have to agree with genuinegirly, I too wish the supreme court would take on a case like this. This kind of stuff REALLY needs to stop, its pointless. __________________ “My god I must have missed it...its hell down here!”