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

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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,”

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Platner Scorched Over ‘Taking Time’ Video After New Accusation

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Maine Democratic U.S. Senate nominee Graham Platner is under fire after releasing a video declaring that new allegations against him are false, yet he is “taking time to reflect” on a path forward.

Politico on Monday afternoon reported that a woman who dated Platner, Jenny Racicot, “says he forced her to have sex with him nearly five years ago despite her repeated objections, an allegation Platner denies.”

“Racicot said she had an on-and-off relationship with Platner,” Politico reported, “for more than two years before he entered her rural Maine home uninvited one night in late 2021, deeply intoxicated, and forced himself on her while she repeatedly told him to stop. She said she cut off contact with him after telling him the encounter was not consensual.”

In a video posted to social media eleven minutes after the Politico story dropped, Platner says, “I wanted to directly address the troubling, serious, and false allegations against me. Any accusation of nonconsensual behavior is categorically false.”

He said he and his supporters “were united in a love of Maine, a belief that our politics must change, in a focus on defeating Susan Collins.”

“So, regardless of the inaccuracy of the reporting, but mindful the political reality will inflict, we are taking the time to reflect on the best path forward for the state that I love, the people that I love, the movement I belong to, and the goal of defeating Susan Collins.”

“Those were the goals when we launched this campaign. And they remain my goals today.”

“Throughout it all, you never turned your back on me. And I will not turn my back on you now. Every one of you deserves to see that vision come to fruition and see Susan Collins defeated. And we will use every tool at our disposal to do so.”

The Bulwark’s Tim Miller, a political commentator who served as the communications director for the Jeb Bush 2016 presidential campaign, blasted Platner.

“I’m sorry but ‘we are taking time to reflect on the best path forward’ is not an option on the table,” Miller wrote. “Either it’s false and you campaign with vigor or it’s true and you get out / apologize to everyone you let down.”

Journalist Ryan Grim, commenting on Platner’s video, noted that Platner “strongly suggests he is considering dropping out. Already Troy Jackson and Chellie Pingree, both gubernatorial candidates, are being kicked around in Maine circles as potential replacements.”

Several others, including Puck News’ Peter Hamby, predicted Platner will be dropping out.

Platner had postponed several campaign events before the Politico story was published.

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Trump Sparks Fury Online After Posting Unblurred Video of Muslim Kindergartners in Hijabs

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President Donald Trump is facing backlash after posting a video of children — including showing their unblurred faces — graduating from kindergarten, with some of the girls purportedly wearing hijabs.

“President Trump posted a captionless video of graduating kindergarteners on Truth Social on Monday, goading his supporters into verbally attacking little children simply for being Muslim,” The New Republic reported. “The clip is from Gateway STEM Academy, a majority-Black K-8 public charter school in St. Paul, Minnesota. It shows about 21 children in caps and gowns on stage singing a song together. Most of the girls are wearing hijabs.”

The original post of the video which Trump reposted reads: “Public school in St. Paul, Minnesota. Every girl is in a hijab … in kindergarten.”

Trump did not add any comments. TNR called the post “Islamophobic, weird, and creepy,” while noting that the comments section of Trump’s post was filled with calls “by racist, xenophobic MAGA supporters” to “deport the children and ban hijabs.”

TNR also noted that it “should come as no surprise that Trump isn’t above attacking children who just learned how to read, but this post is still particularly discomforting—and will certainly contribute to the already potent level of anti-Muslim sentiment in the U.S. and in Minnesota.”

Critics blasted Trump.

“There is something deeply unsettling about the president of the United States—the most powerful person in the world—going after kindergarten schoolchildren in Minnesota because they wore hijabs, as Trump has done this morning on his website,” The Bulwark’s Sam Stein wrote.

One social media commentator wrote, “Trump posted an unblurred video of more than a dozen Muslim kindergartners to Truth Social, exposing the children’s faces while targeting them for their religion.”

Another added, “Trump is a bigot. The president took to Truth Social to attack kindergarteners in hijabs. These are little kids. The president isn’t just a bigot, he’s also a coward.”

The original video was posted to the X social media platform in June.

U.S. Rep. Nancy Mace (R-SC) at the time commented, “If you are in a public school in America, you should be speaking english.”

 

Image via Reuters 

 

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One Legal Maneuver Threatens to Undo Everything E. Jean Carroll Won

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President Donald Trump’s apparent efforts to delay releasing the $5.8 million civil judgment to E. Jean Carroll are being met with a warning by the journalist’s legal team, who suggest there could be a legal maneuver for Trump to employ to forgo paying the judgment in either of the two cases he lost.

According to The Guardian, on July 4, U.S. District Judge Lewis Kaplan ordered Trump to release the $5.8 million judgment, which is in escrow, to Carroll by this coming Tuesday — or explain why he would not do so.

Carroll’s attorneys think Trump may be trying to buy time to mount another legal strategy, telling the judge that Trump’s request for an extension “appears to be little more than yet another play for time.”

“The case is separate from Trump’s appeal of a Manhattan civil jury’s 2024 award of $83.3m to Carroll for defamation,” The Guardian explains. “But her lawyers have suggested a legal scenario in which the president might seek to conjoin the cases and further delay payment of both.”

Carroll’s attorney Roberta Kaplan (no relation to the judge) wrote, “We can only assume that defendant is seeking … to buy time so he can try to concoct some new basis to put off paying plaintiff presumably in connection with his forthcoming petition and motion for a rehearing.”

Trump’s former attorney, Justin Smith, in one of his final acts, wrote to the Supreme Court suggesting that his client would be appealing the $83.3 million civil judgment.

Smith argued that the Supreme Court “may wish to consider the petitions together,” given they involve the same parties.

The larger judgment case involves possible questions of presidential immunity, and that has Carroll’s attorneys concerned.

“A conjoined case, Carroll’s lawyers fear, could result in both judgments being wiped out,” The Guardian reports.

The president has also made clear he is no fan of Judge Kaplan, after the jurist made several rulings that “angered” Trump.

“What else can you expect from a Trump Hating, Clinton appointed judge, who went out of his way to make sure that the result was as negative as it could possible be,” Trump wrote on Truth Social in 2023, “speaking to, and in control of, a jury from an anti-Trump area which is probably the worst place in the US for me to get a fair ‘trial’.”

 

Image via Reuters

 

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