From the Houston Chronicle:
The family of a Wharton firefighter who died battling a massive egg farm blaze is fighting to keep his widow from receiving death benefits, arguing that the 37-year-old had found out his bride of two years was born a man.It's an open-and-shut case. By Littleton vs Prange (1999), in the Appellant Court of Texas, this woman is actually a man, and her marriage void.
Marriage Licences, Birth Certificates and legalities mean nothing when the victim is trans or intersexed.
A press release from the Transgender Foundation of America
Houston, Texas – July 19, 2010 – The Transgender Foundation of America (TFA) is sad to learn of the untimely death of Thomas Araguz III, a heroic firefighter who was killed in the line of duty. Additionally, we are saddened to learn of a second tragedy unfolding in Wharton County involving Araguz’s grieving widow and her in-laws.
Immediately after the death of Araguz, the in-laws came out of the woodwork in an effort to defame the marriage of a fallen hero. The in-laws have claimed that Mrs. Araguz is a post-operative male-to-female transgender woman and as such, they claim the marriage is invalid and that they are entitled to the married couple’s home, belongings and financial assets.
“It is an affront to common decency that Mrs. Araguz’s in-laws have turned this tragedy into a money-grab” said Cristan Williams, the Executive Director of TFA . “I have spoken with Nikki and I find the actions of her in-laws repugnant. I call upon common sense and decency to prevail in this case. Mrs. Araguz should be left alone to grieve the death of her heroic husband with the support of her friends and of her church.”
At the heart of this attempt to swipe the property and money of a grieving widow lies the assumption that the chromosomes of Nikki Araguz must be XY and that chromosomes equal sex, a long debunked test that virtually all medical experts and sports authorities have abandoned. In 1999, the Olympic Committee along with many other federations dropped chromosome testing as a viable sex test all together.
The flawed ideology Mrs. Araguz’s in-laws wish to use in their bid for the couple’s belongings is based on a 1999 San Antonio ruling that declares that the position of the court is that women like Mrs. Araguz may only marry other women, which would also deny the right of marriage to all intersexed citizens of the State of Texas.
“TFA hopes that the Texas judicial system will quickly dismiss this frivolous attempt to rob Mrs. Araguz of her rightful possessions” said Williams. “I cannot imagine the tremendous pain that she must be going through, being attacked by her own family during her time of mourning.”