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Sex Change At Heart Of Gay Marriage Case Before Court Today In Texas: VIDEO

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In what it terms a "bizarre case," KZTV10.com reports on a legal challenge to Texas's ban on same-sex marriage. The case, set to be reviewed in Nueces County court today, centers on a transgender woman, Nikki Araguz, and her fight for benefits and inheritance following her husband's death in 2010. Araguz's challenge follows a 2011 ruling that invalidated her marriage on the basis that she was born a man, thus preventing her from inheriting her husband's estate:

"When my husband died. Suddenly they said, 'well, wait a minute your marriage doesn't count.' And I find that difficult to swallow," says Nikki [...]

Nikki married Thomas Araguz in 2008. She was born as Justin Graham Purdue but underwent a sex change before she met Thomas.

Two years into their marriage he died while working as a firefighter [...]

If a judge rules the marriage is valid, she could be entitled to an estate worth more than $600,000. If not, Thomas' first wife could inherit his estate.

The attorneys representing Thomas' estate have said should they lose their case they will fight Nikki all the way to the U.S. Supreme Court in an effort to "protect his estate."

Nikki is currently engaged again and was recently denied a marriage license by Harris County in Texas because her original birth certificate listed her gender as male despite the fact that she has since had her birth certificate amended to reflect her sex change.

Watch a news report on Nikki's court case and her attempt to get a new marriage license (warning: autoplay) AFTER THE JUMP...

 

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Comments

  1. hateful c*nt family members have pulled this stunt on married trans women before. Hope it goes all the way to SCOTUS.

    Posted by: QJ201 | Sep 18, 2013 8:44:20 AM


  2. This is not about lesbian /gay marriage equality. It's about not legally recognizing post-operative trans people's gender.

    If the courts rule in Nikki's favor, it would only mean that Texas' ban on same-sex marriage doesn't apply to transgender people who have transitioned and legally changed all their 'markers'.

    Posted by: Mike in Houston | Sep 18, 2013 8:51:48 AM


  3. This is so disgusting, I hope Nikki dominates these scumbags in court.

    Posted by: JMC | Sep 18, 2013 9:44:06 AM


  4. Again she isn't gay and hers isn't a gay marriage. See how we are part of the problem here?

    Posted by: Jay | Sep 18, 2013 9:56:18 AM


  5. Whether you like it or not, there is a "T" in LGBT

    Posted by: Bob | Sep 18, 2013 10:01:45 AM


  6. I love how people try to claim that there's no overlap between the LGB and the T even on an article that's solely focused on that overlap.

    Posted by: Thedrdonna | Sep 18, 2013 10:08:39 AM


  7. I predict that this will not end will for Texas.

    Posted by: DC | Sep 18, 2013 10:14:01 AM


  8. I'm not contesting solidarity with transgender people. But this is still not a gay marriage. It is a heterosexual marriage by all accounts. One between a man and a transgender woman.

    Posted by: Jay | Sep 18, 2013 10:36:26 AM


  9. This will be interesting. http://en.wikipedia.org/wiki/In_re_Estate_of_Gardiner

    J'Noel Gardiner got screwed out of her inheritance over ten years ago. It would be wonderful to see if something has changed.

    I think that some people are under the misimpression that the duty of the executor is to interpret the wishes of the deceased or to see that his will is enforced in a certain way. My experience, with both gay and straight wills, is that the duty of the executor appears to be to fight to see that the estate goes to the closest blood relation. In the case of J'Noel Gardiner, I don't blame the son of the deceased for trying to exclude J'Noel. I would do that to anyone my widowed mother married. The simply fact is that inheritances come down through generations with intent to provide for future generations. Thus, my late father's estate, includes the efforts, hopes, and dreams of my grandparents and was intended for my niece and nephews, not some man my mother decides to marry because they need a fourth for bridge.

    Posted by: Hagatha | Sep 18, 2013 10:51:16 AM


  10. Hagatha, your interpretation of the executor's role is wrong as it can be. The job of an executor is to follow the instructions as written in the will. Anything else and they are breaking the law and subject to being sued and/or replaced for breach of duty. Otherwise, why have a will if the person you choose to represent you can just make things up to meet their own agenda?

    Regarding J'Noel Gardiner, what happened to her was travesty.

    Posted by: GeoffreyPS | Sep 18, 2013 11:33:36 AM


  11. GEOFFREYPS - Executors cooperate with challenges to wills with some easily observable frequency. I have seen it time and again; an effort to exclude or screw someone who would clearly inherit in the most simple read of the will.

    However in this case it appears we are not actually talking about the deceased's estate, but his death benefits as a firefighter. The person challenging Nikki Araguz as beneficiary is the deceased's exwife and mother of his children, who claims that the benefits are necessary to care for his children. My money is on her claim.

    As for J'Noel, I don't think she was actually treated all that differently from a biological female in the same situation. An adult child is going to sue to prevent any short term spouse from inheriting, especially when there is no will.

    Where there is money and no will, there is going to be a lawsuit. It's pretty simple.

    Posted by: Hagatha | Sep 18, 2013 12:17:03 PM


  12. Background...

    The family challenged that Mr. Araguz was unaware of Ms. Araguz trans status and that they were separated after he found out two months before his death.

    Ms. Araguz says he was aware before they were married and that they were not separated.

    Posted by: kirkyo | Sep 18, 2013 12:36:18 PM


  13. This woman is a known fraud, has a lengthy criminal background, and was NOT post op when she married (i.e. was still a full man under texas law), and attempted to lie about the date of her surgery. It only took a simple google search of the name to see just how long back this story stretches, and how much of a particularly vile woman this person is. Her only interest is in a personal payday and not the financial welfare and future of the children her ex husband left behind.

    Read the link for more details on this woman and the massive con job she's pulling on everyone.

    http://ben-girl-notesfromthetside.blogspot.com/2011/05/nikki-araguz-is-fraud.html

    Posted by: Edmund | Sep 18, 2013 1:42:47 PM


  14. I would encourage anyone going to Edmund's link to read a few of the other things at that website, and to understand that the person who writes that blog looks a lot like a trans analogue of Robert Oscar Lopez, i. e. someone who is a part of the trans community but strongly espouses the views of our opponents.

    Posted by: Thedrdonna | Sep 18, 2013 2:25:12 PM


  15. @THEDRDONNA comparing her to "Robert Oscar Lopez" is essentially the gay version of godwins law. She may have a few opinions that you in particular may not like, but she is still an avid trans rights activist.

    Also, the information she brings up about Ms. Nikki Araguz is still spot on, and can be verified by doing more research.

    Posted by: Edmund | Sep 18, 2013 3:15:11 PM


  16. I am only encouraging people to do some research and consider the source before reaching any conclusions based on the given information. As for the ROL reference, there are points of dissimilarity, but I stand by my analogy.

    Posted by: Thedrdonna | Sep 18, 2013 3:32:31 PM


  17. @THEDRDONNA: If your aim is to encourage others to do research, then encourage them to do research on Nikki Araguz as well. Neither side (the deceased ex's family or Nikki) in this legal battle is very clean, but Nikki has a particularly dishonest background and a bit of famewhoring (shopping for a reality tv show during this saga), along with the evidence that her claims in the case are not quite valid (she was pre op before marriage, and did not file the proper paperwork under TX law to have her birth certificate gender changed prior to marriage).

    Encourage them to research the background of that one person posting info- yes, but don't try to shoot down the truth behind the story in the process. A simple google search will bring up more background from other more mainstream news sources if that makes you feel more comfortable.

    Posted by: Edmund | Sep 18, 2013 3:47:45 PM


  18. yes, anyone ought to be able to marry anyone else they want, just as homosexuals assert. This is why I favor multiple partner marriage, commonly known as polygamy. But really a multiple partner marriage involves any number of people of any gender. The more the merrier. The children would belong to all the partners of the multiple partner marriage. For example, in a marriage of 3 men and 5 women there would be 3 dads and 5 moms. If one of the moms divorces, then the child still belongs to all the moms and dads forever. There would be joint custody of the child until the child turns 18. All of the 8 parents would have to support the child until 18. People who want to marry several others want the same rights as homosexuals.

    Posted by: Mary Ann | Sep 18, 2013 3:58:01 PM


  19. yes, anyone ought to be able to marry anyone else they want, just as homosexuals assert. This is why I favor multiple partner marriage, commonly known as polygamy. But really a multiple partner marriage involves any number of people of any gender. The more the merrier. The children would belong to all the partners of the multiple partner marriage. For example, in a marriage of 3 men and 5 women there would be 3 dads and 5 moms. If one of the moms divorces, then the child still belongs to all the moms and dads forever. There would be joint custody of the child until the child turns 18. All of the 8 parents would have to support the child until 18. People who want to marry several others want the same rights as homosexuals.

    Posted by: Mary Ann | Sep 18, 2013 3:58:01 PM


  20. @MARY ANN: 2/10 for your troll attempt. Please try harder.

    Posted by: Edmund | Sep 18, 2013 4:06:02 PM


  21. Edmund, my point was that people should see the writings and then do the research, to determine their own opinion on this case. I don't really care about the source itself, just that people understand that the information being presented should be independently confirmed.

    Posted by: Thedrdonna | Sep 18, 2013 5:00:53 PM


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