When 30-year-old firefighter Thomas Araguz died in a blaze at a Texas egg farm southwest of Houston, he left $600,000 in benefits, property, and insurance to his 35-year-old wife Nikki Araguz. Nikki married Thomas in 2008 and says that her husband fully supported her gender reassignment surgical process which occurred two months after they wedded. But Thomas’ mother Simona Longoria has filed a suit claiming that Thomas’ side of the family only learned of Nikki’s gender history just before his death, and that after he found out, he moved out of their home and planned to end the marriage. Now his family is suing so she doesn’t get any benefits because she was born a man and Texas doesn’t recognize same-sex marriage.
Unfortunately for Nikki, she and her husband have already testified in a custody hearing that he didn’t know about her gender history prior to the hearing and that she did not tell him. Also Frank Mann, the lawyer representing Thomas’ family and ex-wife, is facing investigation by the State Bar of Texas’s disciplinary office for a possible ethics violation in publicly disclosing Nikki Araguz’s [gender history] during her mayoral campaign.
But as we’ve said, those issues are red herrings. This case really rests on whether the court decides to go with a 1999 case precedent that says that “chromosomes, not genitals, determine gender” or a 2009 Texas law allowing transgendered people to use proof of their sex change to get a marriage license. Nikki plans on appealing if the court finds against her.
Interesting side note: Nikki is apparently filming a reality show called Being Nikki. It will cover her life after Thomas’ death, including the legal battle, her “lobbying for marriage equality, participating in a documentary about her life, writing her autobiography,” and apparently dating a suitor who apply to be on her show. She and Thibodeaux Productions (who we can’t seem to find on the web) will premiere the show in Houston’s 14 Pews microcinema this September 29. Maybe we can snag an invite!
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Whowouldathought
OMG She is hot… and I thought I was 100% straight until I saw that picture!
missanthrope
@Whowouldathought:
Being attracted to trans women does not make you “not straight”.
You were attracted to woman weren’t you?
Even Steven
Is this person supposed to be an example of heroism in some way? Frankly, she comes across as an unseemly opportunist: mayoral campaign, reality TV show, autobiography. She reminds me of Lisa Beamer, who famously, tastelessly capitalized on her husband’s death after 9/11.
It’s not a “win” for the gay community if this person gets her dead husband’s estate anymore than it was a “loss” for the gay community when Dahmer went to jail; if the hubby didn’t know the wifey was a man until after their marriage, then the marriage is null and void and she has to get a real job.
missanthrope
@Even Steven:
Why are you commenting on this when you clearly don’t know the facts of the case. Do you just want to see your words on a screen?
And yeah, she was his legally married wife, it doesn’t matter if she disclose her trans status to him or not (she did btw), the las says that she’s entitled to his benefits and visitation rights to his children as widow.
Wether she’s an attention-seeker, or what harm this case does to harm the gay community is of no baring on legal case in question where.
And trans people are subject to same DOMA laws that gay people are, so it does have a baring on the gay community.
gina
“she comes across as an unseemly opportunist”
Let’s see… her husband (who very obviously knew about her trans history when he married her… she was ‘pre-op’ at the time) dies a heroes death fighting a fire as a volunteer. FYI, at the time of his death, SHE was putting him through school and financially supporting his children. In the midst of her grieving his death, she is informed their marriage is null and void and informed she won’t be able to see the children she’d helped raise for the past several years. In the months after his death, she’s gone through literal hell of having endless legal inquiries, insulting interviews and trying to fight bigoted state legislation directly aimed at voiding future marriages of trans people.
How, may I ask, is she an unseemly opportunist? (not that I think your tiny troll brain really cares one way or another)
Pome
The media seems to be forgetting the filthy origins of this case. The attorney, Frank Mann, who represents the Longorias (ex-wife & -ex-mother-in-law), was Nikki Araguz’s bankruptcy attorney 10 years ago. He has had his law license suspended a number of times for misusing clients confidential information. He is currently under investigation by the Texas State Bar Assn. for outing Nikki Araguz to a journalist during her mayoral campaign some years ago.
Mann doesn’t have a case he can win in court (unless the law changes), so he’s trying it in the media, trying to force a settlement. (And judging by the comment that she’s a media whore, I guess it’s working.)
This case is about a dirty attorney and greed. It is about Frank Mann & his clients using societal prejudice to steal money from a widow. I wonder how may gay people in the past (or present) had money exhorted out of them, by threats of being outed?
Jimmy Fury
Daniel: Dude. Seriously. Proofread.
Also there are some key details missing that result in this article not making much sense…
The most important being a clear definition of Nikki’s gender history. The statement about “chromosomes not genitals” suggests she’s intersexed. But then you go on to bring up laws about transgendered persons.
They are two completely different situations.
If she’s intersexed then there’s no question. If she possesses two X chromosomes (or any ambiguous grouping) then she’s genetically female regardless of external sexual characteristics.
If she’s trans then there are a variety of complications in the case. Notably the scheduling of her reassignment surgery and the extent of her late husbands knowledge.
Jimmy Fury
Just to clarify: I didn’t mean to say that intersexed persons with ambiguous groupings are automatically female. Just that an ambiguous grouping allows her to be classified as female if that’s how she identifies.
gina
@Jimmy Fury:
Not really true. Kleinfelters people have XXY and they’re virtually always male assigned at birth and (if they so desire) have to go through transition to change their birth sex on their birth certificate same as any XY person would.
There are people who are XX (AKA De La Chapelle Syndrome) and actually male assigned at birth who, despite their chromosomes would also have to transition if they wish to be legally female.
Jeffree
This case boils down to raw greed & willful ignorance on the part of the ex-wife & ex-MIL of Ms. Araguz’s late husband.
When this gets settled (rightfully, IMO) in Nikki’s favor, I hope she can get as much distance from the Longorias as possible.
I’m not clear on what the legal ramifications are for her ability 2 contiinue a relationship with her stepchildren, but I have to feel bad seeing them getting tangled up in this mess.
And I sure as flip can’t blame Nikki for doing what she needs to do to support herself in the meantime, reality show or not. She has a story & voice of her own that would be good for others to hear, if she wants to tell it.
Daniel
@Jimmy Fury: Wow. You’re right. That was miserable. Thanks for calling me out.