Judge voids transgender widow's marriage

  WHARTON, TX -- A Texas judge has signed an order that voids the marriage of a transgender widow.

The order prevents Nikki Araguz from receiving the death benefits of her firefighter husband who died last year battling a blaze. State District Judge Randy Clapp's ruling comes in a lawsuit filed by the family of firefighter Thomas Araguz III. The suit claims his widow should collect nothing because she was born a man and Texas doesn't recognize same-sex marriages. In his ruling signed last week and made public Tuesday, the Wharton County judge said the marriage was "void as a matter of law." Clapp's decision was first made known early last week after attorneys in the case saw a draft of the decision. The widow has previously said she would appeal such a ruling. (Copyright ©2011 by The Associated Press. All Rights Reserved.) Get more Local »

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Judge: Transgendered widow's marriage not valid

WHARTON, TX (KTRK) -- There are new developments in the case of Nikki Araguz, the wife of a firefighter who died in the line of fire. Since the death, she's been fighting to prove she's female.

She was fighting to prove she is a woman to lay claim to about $600,000 in death benefits that the fallen firefighter's ex-wife says should go to his two small children. But late Tuesday, a judge ruled their marriage was not valid. A massive fire at an egg farm in 2010 killed a firefighter in the line of duty and set into motion a controversial battle over $600,000 in death benefits. But Tuesday Wharton County Judge Randy Clapp ruled the marriage between transgender Nikki Araguz and firefighter Thomas Araguz was void. Attorneys for Araguz's ex-wife, Heather Delgado, and his two small boys argued that Nikki was born a male, did not undergo reassignment surgery until months after the marriage and, furthermore, only changed the gender on her California birth certificate two weeks after Araguz's death. "So at the time of Thomas' death, the court's ruling would reflect that Thomas and Nikki were of the same gender, male, at the time of his death. That effectively eliminates for an argument of common-law marriage between the two," Delgado's attorney, Ed Burwell, said. Nikki has said all along Araguz was fully aware of her past as a man and that their marriage was valid. Attorney John Nechman, who tries many gay, lesbian and transgender cases, says the ruling is disappointing, but the fact that Nikki's reassignment surgery after the marriage left the judge little choice. "That was just more impetus for the court to utilize case rulings that have already come forth in Texas, to in essence establish and find that Nikki Araguz was male at the time of marriage, though anybody viewing her would be of the belief that she was female," attorney John Nechman said. (Copyright ©2011 KTRK-TV/DT. All Rights Reserved.)
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Widow's death benefit battle back in court

WHARTON, TX (KTRK) -- Nearly a year after the death of Wharton firefighter Thomas Araguz, III, questions remain about who is eligible to receive the survivor's benefits. The reason? Araguz's second wife is transgendered, and his first wife claims that means their marriage was never legal.

In the balance is about $600,000 in benefits from the death of firefighter Thomas Araguz. For most of the day, Nikki Araguz sat in court listening to attorneys argue whether the state of Texas legally considers her a man or a woman.

She said, "I'm embracing what's going on and hoping for a positive outcome today."

It's been nearly a year since Thomas died fighting a fire at a Wharton egg farm. He is survived by his widow Nikki and his two children. His ex-wife, Heather Delgato is suing to collect hundreds of thousands of dollars in death benefits for the children, alleging that under Texas law, Nikki's marriage to Thomas is void because she was born a man and Texas does not recognize same-sex marriage.

Delgato's attorney Edward Burwell said, "To find that the marriage between Nikki Araguz and Thomas Araguz is void as a matter of law, and basically because it is void it doesn't exist, it never existed and it's a legal impossibility in the state of Texas."

Nikki says she had gender reassignment surgery after she married her husband and that he was fully aware of her intent to do so.

For nearly every moment Friday, Araguz was followed by a camera. She has just announced her intent to produce a reality show about her life.

Araguz also presented the media with what she calls a "re-issued" birth certificate from California where she was born, but it lists her gender as female.

She claimed, "According to the state of California and the records they hold, I am female and have been since the day I was born."

But this is Texas, the judge noted, not California. Araguz got that birth certificate after her husband died. Attorneys representing the children's interests say there's a clear reason.

"This has been nothing but a money grab by Nikki from the beginning," Burwell said.

Araguz insists this is not a money grab. She says she is only seeking what she says is rightfully hers as a spouse of a fallen firefighter.

The judge says he will take a week or so before announcing his ruling.

(Copyright ©2011 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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