Nikki Araguz: A Life Examined, With Many Twists Along The Way

[Shana A]

Nikki Araguz: A Life Examined, With Many Twists Along The Way
By Craig Malisow, Wed., Aug. 11 2010 @ 12:45PM

http://blogs.houstonpress.com/hairballs/2010/08/nikki_araguz.php

​It's going to be a while before the courts sort out whether Thomas Araguz and Nikki Purdue had a legal marriage; and until that happens, the Araguz and Purdue families say they will not be able to properly mourn the fallen Wharton firefighter.

It's hard to imagine two people less likely to meet and fall in love. Thomas Araguz was raised Catholic in a small town, married his high-school sweetheart, and had two boys. Nikki Purdue was born a man, got in trouble with the law before she was 20, and appeared on sensationalistic talk shows.

[Julie Marie]

I don't know if the bad press about Nikki is accurate or just fluffed up anti-trans hype.  But if what I heard is correct, that the two were married before she had GRS and the state doesn't recognize same sex marriages, the marriage is invalid.  That is unless a very good lawyer can successfully argue that state officials issued the marriage license and therefore, as long as Nikki had legal documentation, the marriage is valid.

[Dawn D.]

Julie Marie,

Bad press about Nikki aside (and I think it's simply sensationalistic hype tinged toward anti-trans), your point about the validity of Nikki's marriage is really the most important issue there is in this case. First there is a marriage, which on the surface according to Texas law(as I understand it at the time) would be considered invalid due to the GRS not being complete prior to the wedding. Yet, if Nikki produced a birth certificate from California that shows her to be female and that, this is the required identification document to obtain a marriage license in the State of Texas, then, how could the marriage be invalidated? When I was applying for a marriage certificate, I don't recall any physical inspection of my genitalia to prove that I had the required equipment to validate the birth certificate! So, there would appear to be a bit of a loop hole in Texas law (big surprise there, huh). Since it is customary for States to honor other States birth certificates in the course of granting marriage licenses, then this marriage from my simple minded view would have to be determined as valid!

I think this has the potential to be ground breaking law when this is finally decided. Truly, this entire marriage situation, whether it involves trans people or same sex marriages has reached a point that there needs to be National clarity instituted as a remedy to the hodge podge system that is as it is today in variance from one state to another.


Dawn 

[Julie Marie]

No doubt this could have major implications, if it is presented properly.  Maybe Nikki should call Ted Olsen!

In Illinois, in the county I live in, they require a valid driver's license or a passport or a state ID to obtain a marriage license.  That's THEIR established requirement.  I know many TGs who have applied for a gender change on their driver's license prior to GRS and had it approved.  There was no fraud, no misinformation, no providing false information in the process.  So a state agency (DMV) issued the DL, another state agency accepts that form of ID and issues a marriage certificate to two genetic males in a state than does not recognize same sex marriage.  If someone wants to say the marriage is invalid, who do they go to to validate their claim?

Yes, the entire country needs to make some changes.  Marriage is a legal contract and both state and the federal government attach certain rights, rules, etc to the contract.  Leaving it solely up to the states creates all kinds of problems.