Appeal Filed in Nikki Araguz Marriage Case
Lawyers for Nikki Araguz, a transsexual woman fighting for recognition of her marriage to a fallen firefighter, filed an appeal Tuesday that seeks to overturn a judge's ruling that the marriage is invalid.
Houston (PRWEB) July 19, 2011
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Tuesday's appeal seeks to overturn the ruling of 329th District Court Judge Randy Clapp (No. 44575, In the Estate of Thomas Trevino Araguz, III, Deceased, Wharton County, Texas). The court ruled that Araguz's marriage was invalid, even though undisputed medical evidence proved that Araguz was female at the time she and her husband married. The ruling also disregarded Araguz's reissued birth certificate, which replaced her original birth certificate and certifies that she is female. The U.S. Constitution requires Texas courts to give "full faith and credit" to the birth certificate, which was issued by a court in California where Araguz was born.
"At stake in this important case are the rights of transsexual people to be respected for who they are and to have their marriages recognized," said Kent Rutter, the lead attorney for Araguz in the appeal, in a statement Tuesday. "We look forward to presenting our case to the court of appeals."