HOUSTON – The family of a southeast Texas firefighter killed in a July 4 blaze has sued to void his marriage to his transgender widow and prevent her from getting his death benefits because she was born a man and Texas doesn't recognize same-sex marriages.
The attorney for the mother of Thomas Araguz III said Thursday that the firefighter only learned of his wife's gender history and after he found out, he moved out of their home and planned to end the marriage.
But a tearful Nikki Araguz said her marriage was not a fraud.
"I'm absolutely devastated about the loss of my husband. I'm horrified at the horrendous allegations accusing me of fraud. They are absolutely not true," Araguz, 35, told reporters during a brief statement at a news conference.
Thomas Araguz died while battling a blaze at an egg farm in Boling, about 55 miles southwest of Houston. The 11-year veteran of the Wharton Volunteer Fire Department was trapped by falling debris in a burning production building.
In a lawsuit filed July 12 in Wharton County, his mother, Simona Longoria, asked to be appointed administrator of her son's estate and that her son's marriage to Nikki Araguz be voided because the couple were members of the same sex.
Ellis said his client's efforts to void the marriage are supported by Texas law, specifically a 1999 appeals court ruling that stated chromosomes, not genitals, determine gender.
The ruling upheld a lower court's decision that threw out a wrongful death lawsuit filed by a San Antonio woman, Christie Lee Cavazos Littleton, after her husband's death. The court said that although Littleton had undergone a sex-change operation, she was actually a man, based on her original birth certificate, and therefore her marriage, as well as her wrongful death claim, was invalid.
Texas mom challenges transgender widow's marriage - Yahoo! News
I am not sure what to think. Interested in your perspective. Personally, I think they should stop wasting taxpayers time.
People will do anything for money. That is what all this boils down to.
So should the mom get the money or the transgendered wife?
the money should be donated to the fire fighters, for new fire trucks or something, if they're fighting about money after someone's died, **** both of 'em.
but the bit i find interesting is "egg farm" wouldn't it be a poultry farm? or do they grow eggs from the ground now
the money should be donated to the fire fighters, for new fire trucks or something, if they're fighting about money after someone's died, **** both of 'em.
but the bit i find interesting is "egg farm" wouldn't it be a poultry farm? or do they grow eggs from the ground now
no way.....the wife isn't fighting, the greedy mother is.
no way.....the wife isn't fighting, the greedy mother is.
the wife is fighting to hold onto the money, i just don't see how trying to hold onto money you got by profiting off a loved ones death is all that important.
So she should just let the mother take what is not rightfully hers?
:lol: as Mr. Kenobi once said "from a certain point of view". I'm sure if you asked the mother about who rightfully gets the money, you'd get a different answer.
but it is a tricky situation, 'cause legally, it appears the mother is right, morally however, the wife is, and while i think the wife should get to keep the cash, if they can't simply get over themselves, neither should have the money, and it should go to a worthy cause, rather king solomon-esque
Alright you get points for quoting Star Wars
But I think that the wife is both legally, and morally right. They were married, and just because she is trans, doesn't make it any different than any other marriage.
the wife is fighting to hold onto the money, i just don't see how trying to hold onto money you got by profiting off a loved ones death is all that important.
except in in texas, same sex marriage is illegal, and under texan law, she is a man, which is the crux of the problem.
the wife is fighting to hold onto the money, i just don't see how trying to hold onto money you got by profiting off a loved ones death is all that important.
Well that Texas law should be repealed, because it is idiotic.
The wife should absolutely lose. Marriage is a contract, and when you lie about your gender you make the contract unilaterally voidable.
In fact, I'd support him if he decided to sue.
Profiting off the death of a loved one is a very interesting way of looking at life insurance, Spud. And cold.
The hell she is. Daddy passed along a Y chromosome.
You can call yourself the Queen of England for all I give a damn. Have fun making the law call you "your highness".
Your Star said:Doesn't matter the way she was born, she's a female by federal law. End of story.
According to the story, apparently not. Where exactly does it say in specific terms that a tranny is legally identifiable as their post-op choice? Because if it's so easy to declare your gender, I'm gonna start going into the women's restroom and say I used to be a chick. I'll piss all over the seats too, just because I can. That'll learn ya.
Texas mom challenges transgender widow's marriage - Yahoo! News
I am not sure what to think. Interested in your perspective. Personally, I think they should stop wasting taxpayers time.
People will do anything for money. That is what all this boils down to.
So should the mom get the money or the transgendered wife?
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