Fallen Firefighter's Wife's Gender Questioned

[azkarisma]

By Nefertiti Jaquez
POSTED: Tuesday, July 20, 2010
UPDATED: 7:34 am CDT July 20, 2010

HOUSTON -- A legal battle is brewing over the estate of a firefighter killed in the line of duty because his family claims his wife wasn't always a woman and the marriage wasn't real, KPRC Local 2 reported Monday.

"I am appalled and hurt most for my husband's memory," said Nikki Araguz.

Capt. Thomas Araguz III died while battling a massive egg farm blaze in Wharton County on July 3.

Thomas Araguz's family is fighting to keep Nikki Araguz from receiving any death benefits, arguing the firefighter recently found out his bride of two years was born a man.

"They are extremely distraught. They were distraught in April when Thomas found out; put on top of that they have lost their son," attorney Chad Ellis said.

Ellis is representing Thomas Araguz's parents. He said Thomas and Nikki Araguz separated after he learned her history.

"Immediately after this, when he goes and confides to his close friends and relatives, they describe his reaction as being horrified and embarrassed," said Ellis.

According to the lawsuit, Thomas Araguz learned during a custody battle with his ex-wife last spring that Nikki Araguz, whom he married in August 2008, was allegedly born as Justin Graham Purdue.

While the documents don't list when Nikki Araguz may have undergone a sex change operation, the suit claims she changed her name in 1996 to Nikki Paige Purdue.

"He didn't know, and Nikki said that in her deposition ... and she said under oath he didn't," said Ellis.

Thomas Araguz's family wants all of the death benefits to go to the two sons that Araguz had with his ex-wife, Heather Delgado.

Delgado's attorney, who has also filed suit, argued that under Texas law Nikki Araguz has no right to any benefits because the couple's marriage is not valid.

"In Texas, a same-sex marriage is not valid even after a person that is male gets a sex change," said Frank Mann III, Delgado's lawyer.

Nikki Araguz said Thomas Araguz knew everything about her.

"My husband knew the truth," she said. "The whole truth about my health and medical situation."

Nikki Araguz said she feels she shouldn't have to prove herself or be forced to defend her marriage.

"I am absolutely 100 percent female," she said. "Shame on this people for trying to defile our marriage and the love Thomas and I share."

A hearing has been set for 9 a.m. Friday.

http://www.click2houston.com/news/24320992/detail.html

R.I.P., Thomas.  It's tragic that Nikki lost her husband in the line of duty.

Can anyone know besides the 2 of them if he was aware of her "history"?

[HyperU2]

Transgenders are some sneaky bastards.

[A Midnight Dreary]

Do doctors have the procedure down so good that one can't even tell he/she has had a sex change even if one is sleeping with he/she every night? Wow.

[Ron_NYC]

Yea, cause marriage to a man shouldn't be valid anyway, right? This is retarded, but denying his 2 children any benefits would suck too. Is this some kinda either/or situation? They can't both get $$?

[portia]

here's a facebook page, Nikki Araguz for Mayor.

http://www.facebook.com/event.php?ei...amp;ref=search

[snowfallsoon]

[quote author=Ron_NYC link=topic=26160.msg1676372#msg1676372 date=1279677079]
Yea, cause marriage to a man shouldn't be valid anyway, right? This is retarded, but denying his 2 children any benefits would suck too. Is this some kinda either/or situation? They can't both get $$?
[/quote]

Agreed.

[Okkervils]

[quote author=A Midnight Dreary link=topic=26160.msg1676364#msg1676364 date=1279675841]
Do doctors have the procedure down so good that one can't even tell he/she has had a sex change even if one is sleeping with he/she every night? Wow.
[/quote]

Pretty much.
NSFW
http://ai.eecs.umich.edu/people/conway/TS/SRS.html

[azkarisma]

[quote author=Ron_NYC link=topic=26160.msg1676372#msg1676372 date=1279677079]
Yea, cause marriage to a man shouldn't be valid anyway, right? This is retarded, but denying his 2 children any benefits would suck too. Is this some kinda either/or situation? They can't both get $$?
[/quote]

[quote author=snowfallsoon link=topic=26160.msg1676700#msg1676700 date=1279716927]
Agreed.
[/quote]

I read another article that said the death benefits from his job as a firefighter typically pay 1/2 to the children and 1/2 to the widow.

It looks like his family & his ex (the children's mother) are trying to get 100% for the kids and nothing for the widow.  They're saying the marriage wasn't legal since she used to be a man and Texas doesn't recognize same-sex marriages.

[Deviant Toaster]

Here is a link to a video. I posted the info from the article below.

http://www.39online.com/news/local/k...,5878037.story

Fallen Firefighter's Widow in Court
Wharton Judge Freezes Assets

Nikki Araguz' husband, Thomas Araguz, died on the Fourth of July weekend while fighting a massive fire in Wharton county.

Now, his widow, a woman born a man, is fighting for her husband's estate. Araguz's family said Nikki doesn't deserve a dime, claiming the marriage was a sham under Texas law.

On Friday morning a Wharton Judge froze all assets between the couple, including close to $60,000 in benefit money Nikki received two days ago. When asked by the media if she was planning on splitting the money between herself and Thoma's two children, she chose not to answer the question.

"Each day every piece of the onion gets peeled away," said Chad Ellis, attorney to the fallen firefighter's mother Simona Araguz.

Information in the case of Nikki Araguz continues to draw attention to the once sleepy town of Wharton.

"He thought (Nikki) was a woman just as well as everybody thought she was a woman," said Leticia Humphrey, who claims to be Thomas Araguz's ex-girlfriend.

Humphrey and other residents of the town waited to hear the judge's ruling. Many claimed she not only deceived fallen firefighter Thomas Araguz but the whole town.

"Nikki is forcing herself, making it sound like she is still grieving," said Sonya Mata-Garcia, Wharton resident.

As part of Judge Clapp's ruling, the $60,000 will be immediately turned over to Nikki Araguz's lawyer and placed in a trust account.

While both parties wait to find out if the marriage between Nikki and Thomas is valid under Texas law, family members of Thomas Araguz say they already know the truth.

"I think Tommy loved Nikki but not the real Nikki," said Raquel Araguz, sister of the fallen firefighter. "He was in love with the Nikki she made up."

Two other items in Nikki Araguz's possession were also turned over, a gun given to the firefighter the day he graduated from the police academy and his firefighter's captain badge.

[eauclaire]

Has she admitted to once being a man?  I'm just curious.  I guess her NOT saying no should tell me though. 

[breathe-easy]

This is so sad.
Im engaged to a transgender. But itss opposite of Nikki who is a male to female. My fiance is a female to male. I def. Don't blame him for not knowing. There are mannnny procedures expecually for male to females including shaving down bones in the face to make it more feminine and down stairs surgerys to cut the penis and make it into a vagina and cutting a hole for sex.

As for the marriage situation. Its so sad that Nikki didn't say a thing to her husband. My fiance told me right off the bat and I loved that about him. Nikki is lucky she didn't get killed like in the gwen and brandon cases. I do think she should let go of the money, give it to his kids and start some sort of grieving process. Fighting over money and having her sexuality on blast now isn't going to help her, she needs to let go.

[portia]

http://www.click2houston.com/news/24368398/detail.html

[size=14pt]Judge Freezes Fallen Firefighter's Benefits[/size]
Thomas Araguz III Died While Battling Fire On July 3

POSTED: Friday, July 23, 2010
UPDATED: 5:40 pm CDT July 23, 2010
WHARTON, Texas -- A judge ruled on Friday that no one involved in the case of a fallen Wharton firefighter can spend any money that has come in since his death.

Thomas Araguz III died while batting a fire at an egg farm in Boling, Texas, on July 3.

His family has squared off with his wife because they want to prevent her from receiving his benefits.

Araguz's family said his wife, Nikki, should not receive the death benefits because they claim she was born a male, which would make their marriage illegal.

Thomas Araguz's mother asked the judge to freeze the death benefits because she wants it for her 6- and 9-year-old grandsons.

"It turned out well. We're pleased. (This is important to the children) because it belongs to them," she said.

Nikke Araguz said she deserves half.

"My husband and I loved each other very much. And when all evidence is presented, the whole world will know," she said.

The Houston Fire Department's family assistance coordinator, who is helping the family, said the benefits are worth more than $600,000, and are to be split in half between the spouse and the children.

The judge ruled that all death benefits will be frozen and not released without his approval.

Nikki Araguz's parents said she suffers from rare birth defect called complete androgen insensitivity syndrome, where a person has all of the physical traits of female, but has no uterus. They acknowledge the birth certificate listed in the lawsuit is Nikki Araguz's and that she was born Justin Graham Purdue.

Thomas Araguz's parents said he found out about Nikki Araguz's past about two months before his death and the couple had separated.

"My husband knew the truth," Nikki Araguz said. "The whole truth about my health and medical situation."

Thomas Araguz's mother and ex-wife, Heather Delgado, have filed a lawsuit to dissolve his marriage to Nikki Araguz on the grounds that she was not female at birth so the marriage was never legal.

Thomas Araguz had two children with Delgado.

The money will be put into a trust until the legal battle is settled.

soooo, does that mean she never had a penis?  because i'm confused as to why her birth certificate would say "male" and she was named Justin if the only thing wrong with her was that she didn't have a uterus.

eta:
http://en.wikipedia.org/wiki/Androge...ivity_syndrome

A person with complete androgen insensitivity syndrome (CAIS) has a female external appearance despite a 46XY karyotype  and undescended testes, a condition once called "testicular feminization" a phrase now considered both derogatory and inaccurate.

a whole mess of variations exist with this syndrome.  a lot of information at the link.

[verysad2see]

Is there any documentation of the separation? That's the key. If they were in the process of getting "divorced" because of her deception, I'm not sure she should be entitled to benefits. If the story is trotting out stories, then it's just Texas Typical Attitude and she should be entitled to some.

[Ron_NYC]

[quote author=breathe-easy link=topic=26160.msg1679680#msg1679680 date=1280088749]
This is so sad.
Im engaged to a transgender. But itss opposite of Nikki who is a male to female. My fiance is a female to male. I def. Don't blame him for not knowing. There are mannnny procedures expecually for male to females including shaving down bones in the face to make it more feminine and down stairs surgerys to cut the penis and make it into a vagina and cutting a hole for sex.

As for the marriage situation. Its so sad that Nikki didn't say a thing to her husband. My fiance told me right off the bat and I loved that about him. Nikki is lucky she didn't get killed like in the gwen and brandon cases. I do think she should let go of the money, give it to his kids and start some sort of grieving process. Fighting over money and having her sexuality on blast now isn't going to help her, she needs to let go.
[/quote]
Did you just call SRS "downstairs surgery?" :lol:

[Okkervils]

[quote author=Ron_NYC link=topic=26160.msg1679729#msg1679729 date=1280098486]
Did you just call SRS "downstairs surgery?" :lol:
[/quote]


I approve of this term.

[nerysinci]

Soooom what about hermaphrodites?  Are they not allowed to marry anyone either?

[deeply shaded]

[quote author=nerysinci link=topic=26160.msg1679748#msg1679748 date=1280099819]
Soooom what about hermaphrodites?  Are they not allowed to marry anyone either?
[/quote]

I believe in Texas they are executed.

[portia]

what i got from the wikipedia entry was that some people with this syndrome could go either way.  they're in gender limbo, if that makes sense.  unless i read all that wrong, i took it to mean that some people are right on the cusp of being completely female or male and basically a slight surgery pushes them completely into their gender...at least physically, so they may not experience gender dysphoria.

if that's the case, it's a little different than being a post-op transsexual right?  you're not going from 100% male to female, or female to male.  it's a defect that didn't completely form the sex organs of one gender or the other, because of the whole xy chromosome thingy.

jesus christ i just confused the hell out of myself.  i don't think i fully understand the syndrome, there's a lot of buts, ifs and also's.

[deeply shaded]

[quote author=portia link=topic=26160.msg1679819#msg1679819 date=1280103752]
what i got from the wikipedia entry was that some people with this syndrome could go either way.  they're in gender limbo, if that makes sense.  unless i read all that wrong, i took it to mean that some people are right on the cusp of being completely female or male and basically a slight surgery pushes them completely into their gender...at least physically, so they may not experience gender dysphoria.

if that's the case, it's a little different than being a post-op transsexual right?  you're not going from 100% male to female, or female to male.  it's a defect that didn't completely form the sex organs of one gender or the other, because of the whole xy chromosome thingy.

jesus christ i just confused the hell out of myself.  i don't think i fully understand the syndrome, there's a lot of buts, ifs and also's.
[/quote]

I didn't read the wiki entry but I wondered if that's what she had. I saw a show on that once, where the parents had to choose which way to 'push' the child and how it affected the children who were forced in the wrong direction.

[Solara23]

[quote author=Okkervils link=topic=26160.msg1677235#msg1677235 date=1279764997]
Pretty much.
NSFW
http://ai.eecs.umich.edu/people/conway/TS/SRS.html
[/quote]

Link doesn't work for me. I wanna see! 

[deeply shaded]

[quote author=Solara23 link=topic=26160.msg1679976#msg1679976 date=1280118855]
Link doesn't work for me. I wanna see! 
[/quote]

Works for me. It's icky.

[HyperU2]

You can make a hole but you can't make it get wet.  Need some KY his and his tansgender lube.

[breathe-easy]

[quote author=Ron_NYC link=topic=26160.msg1679729#msg1679729 date=1280098486]
Did you just call SRS "downstairs surgery?" :lol:
[/quote]

I think I did. :]

[sarabei]

I think the ex is being a greedy bitch.  Sure give half to the kids, but to act like this marriage never was? 

[noshame]

Update

http://blogs.houstonpress.com/hairba...raguz.phpWanna Date Nikki Araguz? AND Be on a Reality Show?


By Craig Malisow, Thu., May 19 2011 at 1:01 PM

If you've been dying for the chance to date Nikki Araguz, transgender widow of a fallen Wharton firefighter, wait no longer: Local filmmaker Cressandra Thibodeaux is working on a reality series called Being Nikki that will include Araguz's quest for a new man.

"We are in search of single men willing to date the beautiful, dynamic, smart and driven woman -- Nikki Araguz," Thibodeaux stated in a press release. "We are looking for college-educated, physically fit, handsome men -- a sense of humor is must."

Applicants will be told that "She is a post-op transsexual" and her HIV-positive status will be disclosed as well, Thibodeaux told Hair Balls. (All you Don Juans can e-mail a photo and one-page bio to info@beingnikki.com.)


Araguz, who has been staying with friends in Houston, hasn't been allowed to see her two stepsons, Thibodeaux says.

When we remarked on Araguz's apparent love of the spotlight, Thibodeaux said, "There's something about when you're living on camera, that it [distances] you from the moment and your fear." She also said Araguz hears from supporters every time she's in the news.

Here's how Thibodeaux described the show in the press release: "This uniquely innovative, intriguing and inspiring reality show follows Nikki, through her grief a year after the sudden death of her husband, the daunting pressures of a major league battle regarding her late husband's estate, lobbying for marriage equality, participating in a documentary about her life, writing her autobiography, and her quest to find peace again, as a single transsexual woman."

The pilot episode will premiere at 14 Pews, Sept. 29 at 7 p.m.