Connect with us

Firefighter’s Widow Denied Death Benefits After Husband Killed In Fire

Published

on

When Nikki Araguz stepped into a Wharton County, Texas courtroom, she stood much more to lose than the $600,000 in death benefits which would be assigned to her if the court deemed her marriage to Thomas Araguz invalid.  She stood to lose her legal claim to marriage.

Thomas Araguz was a firefighter in Wharton, Texas. Last year, while fighting a large fire at an egg farm, Thomas and two other firefighters became trapped inside when the burning building collapsed.  Rescuers were able to locate and save Thomas’ colleagues, but Thomas remained trapped and died from the injuries.

Thereafter, Thomas’ family filed suit against his widow claiming that his marriage to Nikki was invalid under Texas Law and that Nikki should not receive any of the death benefits from her relationship with Thomas. Judge Clapp ruled in favor of Thomas’ extended family declaring his marriage to Nikki invalid.

However, before the judge even ruled on the case, society had denied Nikki her marriage.  In fact, when a service was held and Thomas’ name was added to the list of fallen firefighters at the Capitol in Austin, Texas, Nikki was not allowed to attend and be recognized as Thomas’ wife. She was not presented with the flag like so many other widows who have suffered the same loss.

But why? Why would society turn their back on the widow of a fallen hero? Why would the same society that honors so many fallen firefighters and their widows suddenly shun Nikki, ignoring her grief? Their excuse? Nikki is transsexual. Having been born intersex and declared “male,” she later conformed her body to her true gender identity. The family argued that Thomas was unaware that Nikki was transsexual; however, evidence presented in the case showed otherwise.

Texas law clearly bans marriages between two consenting and loving adults if their birth certificate gender markers match. In fact, it goes a step further to ban anything similar to marriage (which could arguably disallow persons of the same gender from entering into business partnerships or forming corporations due to the vagueness of the ban in that regard.) In a similar ruling by the 5th Circuit Court, Littleton v. Prange, 9 SW 3d 223 (Tex.App.-San Antonio, 1999), the court held that, as a matter of law, Christie Littleton, a male to female transsexual, is legally a male and therefore her marriage to another male was invalid. The irony of this ruling is that it created what is known as the “Littleton Loophole” in Texas law which allows for same-sex marriage. For example, a male to female transsexual can legally marry a biological female when Littleton is applied. The gender markers on each of their birth certificates would be opposite (presuming the birth certificate has not been amended.)

Perhaps even more interesting is the concurring opinion in the Littleton case of Justice Karen Angelini, who stated that she concurred with the opinion only in the absence of “any legislative guidelines for determining whether Texas law will recognize a marriage between a male-to-female transsexual and a male.”

However, in 2009, legislative guidelines were provided which clearly established legislative intent to allow for such marriages. Section 2.005(b)(8), Texas Family Code was amended to allow for an applicant for a marriage license to use a certificate or court order relating to the applicant’s sex change to be used as “proof” of identity. Although efforts were made by Senator Williams to amend the bill this legislative session and remove the “and sex change” language, the effort was unsuccessful.

The present case highlights the need for change in our government. Until such time as marriage equality exists, all of us are in danger of falling victim to our government’s tyranny, as did Nikki Araguz and Christie Lee Littleton. While many argue that same-sex marriage is not a transgender issue, these cases clearly evidence otherwise.

However, we cannot simply focus on the micro issues.  Our community suffers gravely due to health care and insurance barriers, discrimination in public accommodations and employment, marriage inequalities and other government sanctioned discrimination.  We must continue the fight for full federal equality in all matters governed by civil law with no excuses, no compromises and no caveats.

Equal must mean equal.

 

Jay Morris is a State Lead for GetEQUAL​.org, a founding member of the Direct Action Network San Antonio, a writer for Ignite San Antonio Magazine, and blogger at jaysays​.com. You can find him posting randomness on Twitter or engage him in conversation on Facebook.

Read Jay Morris’ most recent piece at The New Civil Rights Movement, “The T In Me: Living The Gender Binary,”

Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

OPINION

‘Have to Get Back to Law and Order’: Trump Declares at NYPD Officer’s Wake

Published

on

Donald Trump attended the wake of the slain New York City police officer who was shot and killed while conducting a traffic stop this week. The four-times indicted ex-president demanded America “get back to law and order,” barely days after a New York judge imposed a gag order in the case where the presumptive Republican presidential nominee faces 34 felony counts for “falsifying New York business records in order to conceal damaging information and unlawful activity from American voters before and after the 2016 election,” according to the New York District Attorney.

That damaging information included hush money payments to several women including an adult film actress.

“We have to stop it,” Trump said Thursday, speaking before the cameras about crime as he stood under an umbrella in front of police officers. “We have to stop, we have to get back to law and order. We have to do a lot of things differently because this is not working. This is happening too often.”

“Police are the greatest people we have. There’s nothing and there’s nobody like them. And this should never happen,” Trump said as he lamented how repeat offenders “don’t learn because they don’t respect.”

READ MORE: Trump Campaign Says It Will Deploy ‘Soldiers’ to Polling Places

“We’ve got to toughen it up. We’ve got to strengthen it up. It should never be allowed things like they shouldn’t take place and to take place so often,” said Trump, who is out on bail and currently faces 88 felony charges after three were dropped.

The Trump campaign announced that the ex-president had been invited to attend the wake.

“President Trump is moved by the invitation to join NYPD Officer Jonathan Diller’s family and colleagues as they deal with his senseless and tragic death,” Trump campaign spokesperson Karoline Leavitt said, according to The Daily Beast.

The Associated Press added that “Trump has deplored crime in heavily Democratic cities, called for shoplifters to be shot immediately and wants to immunize police officers from lawsuits for potential misconduct. But he’s also demonized local prosecutors, the FBI and the Department of Justice over the criminal prosecutions he faces and the investigation while he was president into his first campaign’s interactions with Russia.”

“He has also embraced those imprisoned for their roles on the Jan. 6, 2021, insurrection at the U.S. Capitol, when a mob of his angry supporters overran police lines and Capitol and local police officers were attacked and beaten.”

Earlier on Thursday NBC News reported on Trump’s mischaracterizations of crime.

“Surging crime levels, out-of-control Democratic cities and ‘migrant crime,'” the network noted. “Former President Donald Trump regularly cites all three at his campaign rallies, in news releases and on Truth Social, often saying President Joe Biden and Democrats are to blame.”

READ MORE: ‘Hunger Games at NBC News’: New McDaniel Revelations Have ‘Enraged’ Staffers, Report Says

“But the crime picture Trump paints contrasts sharply with years of police and government data at both the local and national levels,” NBC added. “FBI statistics released this year suggested a steep drop in crime across the country last year. It’s a similar story across major cities, with violent crime down year over year in Chicago, New York and Washington, D.C.”

Watch Trump’s remarks below or at this link.

Continue Reading

OPINION

‘Hunger Games at NBC News’: New McDaniel Revelations Have ‘Enraged’ Staffers, Report Says

Published

on

The backlash from NBC News’ hiring of Ronna McDaniel is not over. New reporting from Puck, CNN, and The Washington Post reveals the considerable efforts from top NBC and MSNBC brass to recruit, hire, and support the former RNC chair who promoted false election claims, was allegedly involved in helping Donald Trump’s efforts to overturn the 2020 election results, and refused to say Joe Biden had been elected fairly.

Staffers at NBC News and MSNBC were outraged at McDaniel’s hiring, but new details about behind-the-scenes efforts reportedly have increased that outrage.

Some critics are either calling for resignations of NBC News and MSNBC  leadership, or questioning how long they can ride out the mess.

“What is Brian Roberts going to do?” CNN‘s Oliver Darcy asks. “The Comcast boss is watching an unceasing five-alarm fire rage at 30 Rock, scarring the reputation of NBC News and threatening to consume multiple parts of the Cesar Conde-run NBC Universal News Group.”

“Conde has lost control of his organization, prompting industry insiders to wonder how he continues to remain in his role as chairman of the NBC News Group. In the words of one veteran media executive I spoke to Wednesday, ‘It’s inconceivable that he should,'” Darcy writes, saying Conde’s actions and those of his top executives have “hosed gasoline” on the scandal.

READ MORE: Lawmaker Slammed for Claiming College Basketball Players Were Actually ‘Illegal Invaders’

That scandal involves these revelations from Puck’s Dylan Byers, who reports, “bringing McDaniel to 30 Rock had been part of a nearly two-month-long effort that was spearheaded by Budoff Brown and her boss, NBC News President Rebecca Blumenstein, with buy-in from Conde and his deputies at both NBC News and MSNBC.”

“Rashida Jones,” he adds, “the president of MSNBC, was very interested in having McDaniel appear as a contributor on her network, as well.”

But this bombshell has drawn a good deal of attention. Noting how Chuck Todd led off the very public pushback against the hiring of McDaniel, Byers reports, “On Sunday, Budoff Brown reached out to McDaniel’s aide and former chief of staff at the R.N.C., Richard Walters, to see if there were any friends or colleagues who could speak up on her behalf.”

“The two sides also discussed having these folks call attention to what they saw as a double standard—after all, this was the same network that was turning Psaki, a former Biden White House Press Secretary, into a Maddow-adjacent prime time star. Walters later assured Budoff Brown that they’d been able to advance conservative pushback on social media against Todd, specifically, and that this might give NBC News some cover, for which Budoff Brown thanked him.”

CNN, pointing to those details, adds, “staffers inside NBC News are enraged at the fact an executive would have engaged in such behavior.”

Former Chicago Tribune editor Mark Jacobs, who now writes about politics and the media, called for the firing of Jones, Blumenstein, and Budoff Brown.

Other critics are expressing concerns on multiple fronts.

READ MORE: Ronna McDaniel Is Just a ‘Normal’ Person Who ‘Never Denied the Election’ Says Hugh Hewitt

“It’s like the hunger games at @NBCNews. Every day new, horrible stories of journalism & corporate malpractice. Every single one of these managers must go,” observed Jennifer Schulze, a media critic who was a Chicago Sun-Times executive producer, WGN news director, and adjunct college professor of journalism.

She also highlights a Washington Post report that ropes NBC Nightly News anchor Lester Holt into the mess.

“Every @NBCNews exec who thought hiring a reputed liar & phony elector co-[conspirator] needs to resign or be fired,” Schulze says.

“The @NBCNews managers who recruited & signed an election denier should be out the door, too,” she adds. “Not only was it downright offensive to hire Ronna, it was journalism AND corporate malpractice.”

Pointing to his newsletter, former Obama senior advisor Dan Pfeiffer writes, “NBC’s ill-fated decision to hire Ronna McDaniel is a story of a media outlet unwilling to accept the ways Trump changed politics, but it’s also one of the best arguments for Dems need to build our media ecosystem ASAP.”

READ MORE: Comer Refuses to Investigate Trump Family Member Over ‘Influence Peddling’ Allegation

He calls McDaniel’s hiring “evidence” the media has “yet to accept the reality that this is not a normal election between a Republican and a Democrat.” And adds, “An [industry] that prizes objectivity above all else, is incapable of accurately covering an election where one candidate is a normal politician and the other is an insurrectionist. Many in the media would rather stumble into autocracy than take a side.”

Veteran journalist and Sirius XM host Michelangelo Signorile observes, “We couldn’t have asked for a better situation to shine a bright light on the corruption of the corporate media—and its impulse to legitimize MAGA extremism and lawbreakers for profit—than NBC’s hiring former RNC chair, election denier, and Trump enabler Ronna McDaniel.”

And he warns, “The forces that made the coup-plotting former RNC chair a paid contributor are still shaping news and information about this pivotal election.”

 

Continue Reading

News

Lawmaker Slammed for Claiming College Basketball Players Were Actually ‘Illegal Invaders’

Published

on

Michigan MAGA Republican state Rep. Matt Maddock is under fire after claiming three buses were “loaded up with illegal invaders.” The buses, according to multiple reports, were actually loaded with the Gonzaga University basketball team arriving for March Madness.

“Happening right now. Three busses just loaded up with illegal invaders at Detroit Metro. Anyone have any idea where they’re headed with their police escort?” Rep. Maddock wrote on social media Wednesday evening, tagging far-right former U.S. Congressman Pete Hoekstra, who served as U.S. Ambassador to the Netherlands under Donald Trump and is now the state’s Republican Party chair.

Informed of his error on social media, Rep. Maddock doubled down, and attacked.

READ MORE: Ronna McDaniel Is Just a ‘Normal’ Person Who ‘Never Denied the Election’ Says Hugh Hewitt

“Probably teams for the NCAA Mens Sweet 16 playing at LCA on Friday and Sunday,” a user on X wrote.

“Sure kommie. Good talking point,” Maddock quickly shot back.

ABC affiliate WXYZ executive producer Maxwell White, responding to the Maddock’s original post wrote: “Just to be clear, this was the Gonzaga basketball team. Photos show Gonzaga getting on an Allegiant plane to Detroit for the Sweet 16, and Flight Radar shows a plane from GEG to DTW landed at 7:25 p.m., around the time this photo was posted.”

“This is a wild tweet,” White added, before adding more evidence.

Hoekstra, who was accused of using racism and xenophobia to win his campaign for a U.S. Senate seat (he lost), did not respond directly to Maddock but did repost the apparently false claim.

Michigan State Senate Democratic Majority Whip Mallory McMorrow denounced Maddock’s claim as “dangerous.”

Maddock’s remark also made the national stage when U.S. Rep. Eric Swalwell responded.

READ MORE: Trump Campaign Says It Will Deploy ‘Soldiers’ to Polling Places

“Hey Einstein,” the California Democrat wrote, “your state is hosting the Sweet 16. Could it be a team bus? If it is, will you resign for your spectacular stupidity?”

In 2021 The Washington Post reported, “Michigan state Rep. Matt Maddock and his wife, Michigan Republican Party co-chair Meshawn Maddock, have repeatedly been called out by fact-checking journalists for promoting baseless claims of widespread voter fraud and falsely suggesting that covid-19 is comparable to the flu.”

See the social media posts above 0r at this link.

 

Continue Reading

Trending

Copyright © 2020 AlterNet Media.