Patterico's Pontifications


Gender Challenge in Texas (Updated)

Filed under: General — DRJ @ 11:21 am

[Guest post by DRJ]

The mother and ex-wife of a Texas firefighter killed in a fire are challenging the right of the firefighter’s widow to inherit his estate because his widow was born a man:

“A lawsuit filed Monday seeks to dissolve the marriage of the Wharton volunteer firefighter who died battling the Maxim Egg Farm blaze, on the grounds his wife, Nikki, used to be a man.”

The plaintiffs argue the marriage is void and the widow cannot inherit.

The Texas Attorney General’s office is already considering the reverse case involving a marriage certificate sought by two women, one of whom was born a man. One problem is that multiple documents can be accepted when applying for a marriage license, but there is no guarantee those documents accurately list the applicant’s gender.

It’s a new world.


UPDATE 7/22/2010: Nikki and her attorney speak out.

90 Responses to “Gender Challenge in Texas (Updated)”

  1. It’s a new world.

    – DRJ
    Ain’t that the truth.

    firefirefire (914e0c)

  2. It’s a New World and you, DRJ and I happen to be Texans. No where else dear friend, no where else!

    GM Roper (5f13e9)

  3. I like the part where they allege he didn’t know his wife was a man. I don’t think that part reflects well on Texans.

    Mike K (0ef8c3)

  4. The widow’s photo is at the first link. Maybe she didn’t fool her husband but she would have fooled me.

    DRJ (d43dcd)

  5. To further complicate things, please g*d let the mother and the ex wife be Dems who voted for Obama.

    elissa (a9ef5a)

  6. I suspect it’s still the old world, where stabbing the widow in the back to get the inheritance was, if not common, practiced. Don’t people have enough problems in their lives without starting up new ones? One of the woes of “the leisure society”, I suppose.

    htom (412a17)

  7. Whoa, seems like Mom and the ex are a couple of right b*tches. Hope the court tosses this out quickly.

    scr_north (6ae2d1)

  8. Justin Graham Purdue
    As wife did successful job
    Hiding the sausage

    Aaron Worthing (Filling in for Col. Haiku) (f97997)

  9. Texans do not stand
    For gay sex ‘less its two girls
    Then all men will watch

    Aaron Worthing (Filling in for Col. Haiku) (f97997)

  10. Haiku submitted
    most worthy comments Aaron
    but lose the battle

    ColonelHaiku (26e9b5)

  11. his mama sang bass
    but daddy sang tenor and
    they burned that house down

    ColonelHaiku (26e9b5)

  12. It is not a gender challenge, it is a sex challenge. Nikki/Justin lied about his sex. He said he was a female. He is not. He also tried to steal Heather’s children from her. He called the egg farm after Thomas’ death and demanded money. Nikki/Justin is the greedy one. He is a liar too. Everyone has a right to know if they are marrying a male or a female. Nikki/Justin took that right away from Thomas when he had his penis chopped off and lied and said he was a female.

    KH (c33964)

  13. haiku file comments
    by KH under heading
    “how sausage not made”

    ColonelHaiku (26e9b5)

  14. Heather and Thomas was married and getting along fine until Nikki/Justin came along offering to do things that Heather would not. He, being the male that he is knew what another male wanted. He knew Thomas was not a homosexual yet he did not care that he was tricking a man into a homosexual relationship. Nikki/Justin probably went after a firefighter and/or police officer because it is a high risk occupation. I would like to know the details of his marriage to Mr. Mata. Perhaps, he lied to Mr. Mata and Mr. Mata found out and divorced him before he was killed. Grieving widow? What a joke. And I heard he put bleach down the ex-wife’s gas tank and the church had to hold a fund raiser in order for her to get the thing fixed.

    KH (c33964)

  15. Must females/wives become p0rn wh0res and do what p0rn wh0res do in order to keep their husbands from straying over to tranny land?

    KH (c33964)

  16. It appears Thomas and Nikki were married for nearly two years before he was killed. If he was unhappy or unsatisfied he had more than adequate time to file for divorce from Nikki. The family’s argument that he didn’t know would be much stronger if his current marriage had been for only weeks instead of years. One might conclude that even if he did not know, he was satisfied with the relationship and with Nikki as his wife, OR, if he did know, then Thomas did not care– or for some other reason the marriage served his purposes.

    This is a fascinating story which we can expect to see highlighted on Law and Order real soon. Have to feel really sorry for the kids, though, being dragged through all of this. DRJ, you do come up with some doozys!

    elissa (a9ef5a)

  17. Uh, KH, you seem to be a little, shall we say close to the situation? A little too invested? Might want to take a breath, there.

    elissa (a9ef5a)

  18. Elissa, don’t try to tell me what to do. You are probably a tranny yourself and hope to fool some man into a homosexual relationship. I am sure he did not know because he did not care to look. He wanted his penis sucked, he got it. He wanted a hole to poke he got it. Why look unless a woman wants something in return. Nikki/Justin didn’t want anything because without his penis there was no sexual pleasure for him, unless his prostate gave him a little spasm. That’s it. So, all he had to do is whatever he needed to do to line up his cashcow. So let’s recap. This male lied about being a male. Broke up a marriage. Tried to steal the children. Possibly poured bleach down the ex-wive’s gas tank, has never held a job paying any money for any length of time, and called the egg farm just one day after his death demanding money. Who is the greedy deviant here? Two mothers who are looking about for the welfare of two fatherless children or a lying and lazy deviant?

    KH (c33964)

  19. elissa,

    I agree with you. This is very disrespectful of the fallen fire fighter. This kind of hatred is ridiculous.

    The time to tell the firefighter they didn’t approve of his spouse was never. Especially now, though.

    KH, as someone who gets wound up, you look like you have gotten really wound up for no good reason.

    You say the ‘deviant’ is lying. Did you make that up? You say the ‘deviant’ is lazy. Did you do any research or post any links to show it?

    You’re projecting in more ways than two.

    Dustin (b54cdc)

  20. Dustin,

    Thank you very much. KH’s last post had us laughing so hard here at our house that I decided it was best not to continue the dialogue and just ignore KH and its rants.

    elissa (a9ef5a)

  21. Vive la vas differens!

    As a male-to-female-to-male transexual lesbian, I laughed at KH, too.

    nk (db4a41)

  22. girls will be boys and
    boys will be girls its mixed
    up muddled up world

    ColonelHaiku (26e9b5)

  23. they should get together and discuss this over some tasty bbq

    happyfeet (71f55e)

  24. As a matter of technicality, the family has a strong case. It all depends on whether he had a will or its in probate. If its a will, then the gender might be ruled irrelvant. its hard to know. on one hand, there is a public policy against gay marriage. on the other hand, they tend to respect legal documents.

    But if we are in probate, then legally this “woman” was not his wife. Texas does not recognize gay marriage and will interpret the term conservatively. “Her” only hope in that case is a constitutional challenge.

    And that is assuming nothing else… um, pops up.

    Aaron Worthing (Filling in for Col. Haiku) (f97997)

  25. nk, you are no lesbian. You are a heterosexual man who likes to dress up like women as portrayed by society. If you really want to do something with gender relations, why not label yourself the way you really are, a biological male who likes to have sex with biological females and who enjoy appearing to the external world as a woman. Nothing exciting about it. Calling yourself a lesbian is delusional. Lesbians are biological females who enjoy other biological females. You are a male who is attracted to females. Yawn. Let’s not try to reinvent the wheel.

    KH (c33964)

  26. He had no will. This man will be ran out of town before long.

    KH (c33964)

  27. This troll is lamer than Mr Anonymous.

    And nk looks pretty hot in a miniskirt.

    Dustin (b54cdc)

  28. Thank you, Dustin, I think you’re kind of cute, too.

    KH just didn’t get it, did he? 😉

    nk (db4a41)

  29. Maybe KH dated it first and found out the truth the hard way?

    BradnSA (becc7f)

  30. I feel sorry for the judge who has to hear this case. He will have little, if any, guidance from the law. A lot of water has passed under Littleton vs. Prange’s bridge.

    nk (db4a41)

  31. KH held Lola
    in clinch hold he looked at
    her and she at he

    ColonelHaiku (26e9b5)

  32. Y’know, I don’t give a rat’s ass about the original sex of either member of the couple — That’s pretty much between them and God, and the Law should steer clear of this sort of thing, as it’s far beyond anything the Bible actually covers, delving into utterly “new territory” unspecified by social mores and conventions even 75 years ago.

    Someone who goes to such lengths to “become” a woman (or a man) such that it’s virtually impossible for the average person to distinguish the difference (Caroline “Tula” Cossey was another such case — “He” was sufficiently female as to become a Bond Girl before being outed) deserves to be treated as the sex they’ve become as far as any basic laws go (fraud would be the only legitimate challenge, as they should be required to ack the truth to anyone they get involved with — and that’s only between the two individuals involved, not this kind of case). If you can be a husband/wife to someone for years and not have them know you’ve had a sex change, you ARE that sex, and not your birth sex.

    That role is far too deep for it to be a matter of nothing but a y-chromosome or one’s physical gender at birth.

    IgotBupkis, President, United Anarchist Society (79d71d)

  33. What if she was born a hermaphrodite?

    HTD (c6b60f)

  34. You mean “sex,” not “gender.” Words have “gender,” people have “sex.” There are two sexes for men and animals, male and female; there are three genders, masculine, feminine and neuter.

    Federale (325bd5)

  35. Do a DNA test on the wife. If she has two X chromasomes she is female. If she has a Y chromasome she is a man surgically altered to appear to be female.

    That simple. Anyone who claims otherwise is the type of person that believes that if you call the tail a leg a dog or a cat would have five legs.

    Mark L (3fc310)

  36. So if I can fool someone in believing something then I should be treated as such? What a crock? I shall get on it right now, I will convince everyone I am a king and you must give me your jewels.

    KH (c33964)

  37. Stop staring at my ‘jewels’, KH.

    I agree with the notion that it’s wrong to lie to your spouse about your genetic sex (XX or XY or some unusual other thing).

    ‘Course, it’s wrong to lie to your spouse about anything else, too. This man’s most central decision is being mocked, and I think that’s pretty awful.

    Dustin (b54cdc)

  38. they will have to pry
    Haiku crown jewels out of
    KH cold dead mouth

    ColonelHaiku (26e9b5)

  39. Assuming that a will isn’t involved, as a matter of law, the parents and ex-wife will almost certainly win: the Texas courts have already considered this issue, in the case of Littleton v Prange, and determined that post-operation transsexuals retain their birth gender.

    That said: as a moral and ethical issue, i find it appalling that a man’s parents would seek to disinherit the person he considered to be his spouse, absent some compelling reason to believe that person had fraudulently entered into the relationship for the purpose of getting an inheritance.

    The mere fact that he widow was a post-operation transsexual isn’t such compelling evidence.

    In this case, the law is unjust. The people of Texas should, but will not, change it.

    aphrael (73ebe9)

  40. (Also, it’s not as new a world as you think it is: the _Littleton_ case was decided in 1999 and involved a post-operation transsexual who had undergone gender reassignment surgery in 1979 and whose husband of seven years died in 1996).

    aphrael (73ebe9)

  41. I agree with , what if he/she was born a hermaphrodite? Also even if a DNA test is done a man or woman can be born with XXY. Look it up.Nikki/Justin could have been born with ambiguous genitals in which everyone including the DR.s thought she was a he. There are woman born without vagina’s.Surgical repair has to be done to create this when the discovery is made. No one may have known until he/she was much older.It would have explained no facial hair, breasts( which men can have) a feminine voice even.After running medical tests a doctor probably discovered this. Now if in fact he is really 100% a woman, everyone will still be against her. I myself am waiting for more information before casting in judgment.

    maramorai (091c9c)

  42. Chromosomes, while a good guide to someone’s sex, are not infallible.

    Caroline Cossey – the “Bond Girl” mentioned in a previous comment – looked mostly male at birth. She had genital reconstruction, as she thought she was transsexual. It turns out she’s 47XXY.

    A 46,XY mother who developed as a normal woman underwent spontaneous puberty, reached menarche, menstruated regularly, experienced two unassisted pregnancies, and gave birth to a 46,XY daughter with complete gonadal dysgenesis.

    — J Clin Endocrinol Metab. 2008 Jan;93(1):182-9

    It seems ridiculous that whether someone is deemed “really a man” or “really a woman” depends entirely on their assignation at birth, based on limited information. Imagine two cases where genetic testing has been completed, but the results put in sealed envelopes, all other things being equal. We know that one says 46XX, the other 46XY, but we don’t know which. Would that make one relationship heterosexual and the other homosexual? What about if they both say “some cells 46XX, others 46XY” as happens on occasion? Or 47XXY?

    There are men who have become biological fathers who have 46XX chromosomes, and rather more women with 46XY ones who have given birth. And many men (about 1 in 500 in fact) and a handful of women with 47XXY chromosomes.

    It can be argued that transsexuality has no relation to intersex (such as those cases), but the evidence says otherwise.

    The fetal brain develops during the intrauterine period in the male direction through a direct action of testosterone on the developing nerve cells, or in the female direction through the absence of this hormone surge. In this way, our gender identity (the conviction of belonging to the male or female gender) and sexual orientation are programmed or organized into our brain structures when we are still in the womb. However, since sexual differentiation of the genitals takes place in the first two months of pregnancy and sexual differentiation of the brain starts in the second half of pregnancy, these two processes can be influenced independently, which may result in extreme cases in trans-sexuality. This also means that in the event of ambiguous sex at birth, the degree of masculinization of the genitals may not reflect the degree of masculinization of the brain. There is no indication that social environment after birth has an effect on gender identity or sexual orientation.

    Trans women were always biologically, anatomically female in one respect. We’ve never found an exception, not in all the autopsies and MRI scans over hundreds of them.

    And just in case you might think that it’s simple, that genitalia at birth dictates sex… there’s the rare intersex cases where some get a natural sex change, almost always from female to male. Which can either cause or cure transsexuality, depending on whether the patient is neurologically male or female.

    Fully 59 people out of 60 don’t have any degree of Intersex. Everything aligns, chromosomes, genitalia, neurology, endocrinology… but that means 1.7% of the population have congenital anomalies, often indetectable except by lab tests. Often – but not always.

    The problem is that there’s a mismatch between the law and biological reality. Mostly this has been cured by the states that recognise changes of sex from that documented at birth – the first such recognition in the USA dating back to 1955, so it’s not exactly new. But some places are more inspired by religious belief than biological reality.

    Zoe Brain (e9b3d8)

  43. Justin was born with a fully developed penis and balls. He is a male.

    KH (c33964)

  44. In Littleton v. Prange (9 S.W.3d 223 (Tex. App. 1999), cert. denied, 531 U.S. 872 (2000)) the Texas court found that the marriage between a man and a transsexual woman born looking like a man, was not valid and thus void. The court queried:

    “Can a physician change the gender of a person with a scalpel, drugs and counseling, or is a person’s gender immutably fixed by a Creator at birth?”

    The court disregarded the scientific evidence, preferring the KJV as a science textbook.

    Oddly enough, it does appear that sex really is set at birth, and cannot be changed. But that it’s dictated by neuro-anatomy, not height, chromosomes, genitalia etc all of which are unreliable except as rough guides in most cases. Such facts would give the opposite result to the court’s theologically-based ruling.

    That ruling did not apply to the jurisdiction of Houston, where this present case is being tried. There have also been significant changes in Texas law since then. But it’s a powerful precedent nonetheless.

    Just to give you an idea of the absurd state of the law at the moment, here’s a quote from the Littleton case:

    “Taking this situation to its logical conclusion, Mrs. Littleton, while in San Antonio, Tex., is a male and has a void marriage; as she travels to Houston, Tex., and enters federal property, she is female and a widow; upon traveling to Kentucky she is female and a widow; but, upon entering Ohio, she is once again male and prohibited from marriage; entering Connecticut, she is again female and may marry; if her travel takes her north to Vermont, she is male and may marry a female; if instead she travels south to New Jersey, she may marry a male.”

    This rather makes mock of the usual arguments against same-sex marriage, as states can’t agree on whether some people are male or female.

    Neither can religions: the American Congress of Catholic Bishops regard all those with 47XXY chromosomes as male, due to the presence of a Y chromosome, and so any relationship with another man is an Abomination in the sight of God.

    The Indonesian Congress of Catholic Bishops on the other hand, regard all those with 47XXY chromosomes as female, due to the presence of two X chromosome, and so any relationship with another woman is an Abomination in the sight of God.

    They both insist that such people have medical procedures to “normalise” them to their “real” sex.

    Intersexed people such as myself know what our sex is, but we realise that we have no say in the matter, it’s up to others – like the readers of patterico. We just wish they’d make up their bloody minds (pardon my french), because now we’re quite literally and theologically damned if we do, and damned if we don’t. And any marital relationship, even ones where children have been born, can be dissolved at the whim of any interested party who goes venue-shopping to find a jurisdiction where any relationship whatsoever would be deemed “same sex” and thus void.

    Zoe Brain (e9b3d8)

  45. KH – born with a fully-developed penis and balls? Wow, that really does make medical history. I mean, I’ve heard of precocious puberty, but that takes the cake.

    Or alternatively, you’re making stuff up. You do that a lot, right? Say “I heard” a fair bit, then let your fertile imagination run riot, as long as it hurts someone. That makes you feel good right, more of a man.

    Who’s “Justin” anyway? Don’t you believe in legal changes of name that you disapprove of? Of course a coward would just conceal their name, maybe even use some initials that might not even be theirs. Like KH.

    I’d say “don’t worry, we’re laughing with you, not at you” but it wouldn’t be true.

    Zoe Brain (e9b3d8)

  46. Swyer Syndrome is what Zoe was describing earlier. The default position in fetal development is female looking. In an XY fetus if no testosterone is produced it will develop vestigial hidden testes but fully formed vagina, fallopian tubes and uterus. There will be need for hormonal therapy to achieve puberty (breasts, pubic hair) because hormonal production is also abnormal. If pregnancy is desired it will have to be through in vitro fertilization because the person cannot produce ova. However, the uterus can support the pregnancy and, as Zoe said, normal birth by an XY person.

    nk (db4a41)

  47. I know personally a little “boy” who knew he was a girl when he was six (he’s fourteens now) and my family and his family are close and KH makes me sick to my stomach.

    nk (db4a41)

  48. who knew he was a girl when he was six

    I guess it’s honorable to tell him, but that’s got to be pretty tough.

    Zoe, I appreciate your insight. This isn’t something I’ve considered much, but the opposing Catholic rulings must be amazingly frustrating. They made me laugh, but good grief.

    It seems to be closely enough related to Nikki’s situation, legally. At least from the standpoint of fearing your entire life can be challenged legally by people who just shouldn’t have standing over whether a marriage is valid.

    They filed 9 days after he died, so it’s extremely hard to believe the husband didn’t know about this. If they knew when he was alive, they would have told him. Why didn’t they challenge his marriage when he was alive? I guess they don’t have to prove this ‘she lied’ claim, so I won’t get to see what their evidence of that is. Convenient.

    It’s just so strange that people would care this much about taking someone’s marriage from a widow.

    Dustin (b54cdc)

  49. who knew he was a girl when he was six

    I guess it’s honorable to tell him, but that’s got to be pretty tough.

    No, no. He was born a normal little boy. But he found out himself that he liked playing with dolls and dressing in girls’ clothes and being a girl. His parents tried psychotherapy, hormone therapy, they took him to a clinic in Switzerland. So now they’re waiting for him to be mature enough to make the other decisions about his sexual identity.

    nk (db4a41)

  50. I see. Well, hope it works out for him. A lot of KHs out there, though.

    Dustin (b54cdc)

  51. As mentioned but not fully explained, whether a person has male or female genitalia is dependent on body biochemistry that is a different issue than the number of X and Y chromosomes a person has. But a confusion of gender on the basis of physical characteristics I think is different than someone who is 100% (physically phenotypically, genetically, biochemically) one sex who seeks a physical alteration because they psychologically identify with the opposite gender.

    The law would like to put things into a structure, as said before, the reality of life is something different. I think the law should reflect that situations in life that are outside of the typical require adressing in ways that are not typical. I would suggest that the widow looks like a woman, lived the life of a woman in a (otherwise) legal marriage, and had a husband who treated her as his married wife. Unless there are other issues, I would be inclined to think the biological relatives are simply wanting whatever money and assets are there, as well as maybe acting out a grudge. After a death people often act in ways that are counter to what the deceased would have wished, but I’m not saying anything you don’t know.

    MD in Philly (3d3f72)

  52. Oh please, a fraud is a fraud is a fraud. He is after money and nothing else.

    KH (c33964)

  53. Dustin – the law is unfortunately on their side … but unless there’s something we don’t know about their behavior shows them to be ***holes.

    KH – it seems like an awfully big leap to go from “this person is really a dude” to “he’s after money and nothing else.” What you’re suggesting is not just that he’s wrong about his gender, but that he had no emotional bond with his deceased spouse … which is an astonishing thing to assert about someone that you know nothing about other than that she is a transsexual.

    aphrael (9e8ccd)

  54. Zoe:

    preferring the KJV as a science textbook.

    I don’t think that’s a fair characterization of Littleton.

    I mean, I thought it was an outrageous decision. But aside from “Christie was created and born a male”, it didn’t strike me as being a particularly religious decision; it seemed more to be the work of people who thought the question was so ridiculous that it wasn’t even worth thinking about.

    aphrael (9e8ccd)

  55. And he has a history of theft. Six theft charges. This is a person who calculates and steals. Not when he was a teenager, just a few years ago. He pushed Thomas into a high risk job and banked on him being killed. If Justin had been a born female, many would have no problem calling him a gold digger, a calculating bitch, and a home wrecker. Let’s not forget he left the mother of his children because Nikki would do in bed what Heather would not. But, because he is delusional and need professional help his crimes are forgiven. Whatever. This is a crook. I just feel sorry for his biological father. That poor man. I am sure reporters are hounding him as I type this.

    KH (c33964)

  56. because he is delusional and need professional help his crimes are forgiven

    I don’t think anyone is saying that. Certainly I’m not. What I’m saying is that it’s unfair to presume criminal intent from the fact that a post-operation transsexual married someone of the gender opposite their birth gender.

    Six theft charges

    Citation? Certainly the originally linked article doesn’t say this.

    He pushed Thomas into a high risk job and banked on him being killed

    According to the Wharton Fire Department, Thomas had been doing the job for eleven years when he was killed, but all the press reports I’ve seen indicate that he’d been married to Nikki for less than three years.

    I think you’re making things up, here.

    aphrael (e0cdc9)

  57. He was a volunteer fire fighter. Nikki claims he sent him to the police academy and to EMS school and the Fire Academy. It sounds like you can volunteer at the Fire Department before actually completing the official training. Watch the videos. I am not making anything up. That came right out of Nikki’s mouth.

    KH (c33964)

  58. Since 1992, Justin Purdue, also known as Nikki Paige Purdue Mata, was booked seven times in the Harris Co. Jail – four times as a man and three as a woman.
    In 1992, as man, he was given probation for theft.
    In 1994 as a man, there was another year of probation for theft.
    In 1995, he was sentenced to 20 days in jail for theft.
    In 1995, he was sentenced to four days in jail as a man for driving with a suspended license.
    According to court documents, he legally changed his name to Nikki Paige Purdue in 1996.
    Then in 2000, she was booked as a woman for theft and given a year’s probation.
    In 2002, she was booked as a woman also for theft and sentenced to 30 days.
    And in 2004, a charge of failure to ID was dismissed.

    KH (c33964)


    Here is the video. Nikki/Justin claims the surgery did not take place until after the “marriage” which would mean the marriage is voided, because two males cannot marry in Texas. Also in this video Nikki/Justin claims he sent Thomas to the police academy, then fire, then EMT.

    KH (c33964)

  60. In discussing that medical history, Ellis said shortly after the couple was married, Araguz traveled to Colorado in October of 2008 for “an additional sexual reassignment surgery,” but informed the family it was for a hysterectomy.

    He was covering his bases. Claiming to need a hysterectomy to explain away his inability to have children.

    KH (c33964)

  61. KH, thank you for the information at #58.

    I’m unable to watch a video while at work, so i’m ignoring the video, but:

    (a) if the surgery happened after the marriage, than I agree that the marriage is invalid under Texas law. however

    (b) if the surgery happened after the marriage, than I think it’s inconceivable that Thomas didn’t know about it.

    (c) it’s not clear to me that when the attorney for the people suing to have the marriage overturned and Nikki disagree with each other, that I should automatically believe one or the other.

    (d) Nikki admitting to lying in a deposition reduces her credibility. I find it unlikely that Thomas would have lied, but I also find it unlikely that they could have a marital relationship without Thomas knowing the state of Nikki’s genitalia … so I’m not sure where to go on that.

    aphrael (e0cdc9)

  62. Even more criminal activity:

    During the time Araguz was a candidate for office, she was serving the final months of a sentence of two years deferred adjudication after pleading guilty to a state felony charge of possession of a controlled substance, cocaine, in the amount of less than one gram, on June 7, 2007.

    Records at the Wharton County District Clerk’s Office state the Wharton County Grand Jury returned a one-count indictment on that charge on March 4, 2008. In a document filed with the district clerk on June 12, 2008, Araguz pled guilty and was placed on two years deferred adjudication probation by District Court Judge Randy Clapp.

    KH (c33964)

  63. I remember Nikki on a talk show several years ago. I Remember her cause I couldn’t believe Then she was a man until I saw the photo of her as a man.

    Cc (f2dd30)

  64. Zoe Brain is not an intersex expert folks. Zoe is a MTF transsexual and dose not have any known intersex conditions.

    NH (6dd30e)

  65. Do you have to have an intersex condition to speak intelligently on the topic? I don’t care if Zoe is a hamster and Zoe’s mother smells of elderberries, those comments were pretty interesting and well written.

    I’m actually very socially conservative, but I appreciate civil discourse instead of ugliness about these issues that require a little understanding.

    KH seems to be attempting some character attacks of a recent widow who is under a nasty assault from people who claim she lied to her spouse. Cc’s comment and a few others (not to mention the sheer timing) make it pretty unlikely Nikki was deceiving her husband.

    I guess this is a good reason for everyone, even spouses, to have a notarized will. It’s pretty obvious that Thomas intended Nikki to be his beneficiary. This is a whole lot of suffering to put a person through, even if they were living contrary to someone’s views on sexual identity.

    Dustin (b54cdc)

  66. Zoe Brain is a man living off the government dole claiming he is too disable to work. You see, Zoe and his ilk are too disable to work because they cannot think about anything but slicing the p off and when that happens they are too disable to work because they are afraid that people will point fingers and called then males.

    KH (c33964)

  67. KH: odd, I’ve worked with both pre- and post-operation transsexuals and not noticed that they were too disabled to work.

    NH: I’m really not convinced that Zoe Brain’s medical conditions, or lack thereof, are any of my business. Why are you telling us details about them?

    aphrael (e0cdc9)

  68. Dustin: this is also one reason why gay couples would like some sort of legal status which allows automatic intestate inheritance without having to go to the trouble of drafting a will.

    aphrael (e0cdc9)

  69. KH, you seem way too well versed in the private lives of Zoe and Justin/Nikki. Do you know them? Are you stalking them? Does something about sex change operations fascinate you?

    Like I said, your attacks aren’t relevant anyway. Zoe had a lot of interesting points, contradiction from the Catholic church, legal oddities that need to be worked on… do you have something to say about why that’s wrong? We already get the point that you hate these folks.

    I might add: hate’s wrong in my book. Everyone I know is, in some degree, living in sin, and I don’t understand how someone can’t appreciate the suffering Nikki is dealing with.

    I suppose if you knew me well enough you could start posting my credit card balance and that I only mow my lawn every two weeks, in reply to this.

    Dustin (b54cdc)

  70. It does not matter if Thomas knew or didn’t know. The fact is, same sex marriage is illegal in Texas. Nikki admits on camera that she did not have her surgery (not that surgery makes a male a female) until after they were illegally married. Therefore, there is no marriage. Period.

    And I am not the one that believes males cannot work after they get their p cut off. I’ve read blogs where it has been claimed. One whacko is getting 100% disability from the military. They need professional from therapists, not surgery.

    Do we operate on the brains of depress people? No, we do not. Surgery is not a cure for mental illnesses. If you want to subvert gender (not sex, because it cannot be subverted), then wear a dress and keep your p. Chopping it off and convincing yourself that you are a female is just perpetuating gender.

    A male is a male is a male. No surgery can turn a male into a female. No female can become a male.

    KH (c33964)

  71. I don’t hate anyone. I am staunchly against treating mental illnesses with surgery. It is barbaric. If these males want to act like women, how they think women should act, then so be it. However, they will never be females. I am against enabling delusions. If someone had mental illnesses that made them believe they were a cat, I would not advocate playing along with their delusion. I would recommend psychiatric help. The desire to mutilate your body is a mental disease. I would not support a person who believes they are not whole until every last one of their fingers were cut off. So, that is the issue. I don’t support delusions. If Thomas knew about Nikki/Justin, then they should have lived openly as a same sex couple. That would have promoted the acceptance of homosexuality. But to pretend one is a female and to make up lies to support the original lie (such as going to Colorado to have a hysterectomy) is unacceptable. Besides who has to travel to another state for a hysterectomy. Apparently Thomas was in it for the long haul, if he knew. Because instead of living his life openly he hid it from his family. If I love someone enough, it will be that someone, damn my family. As soon as Thomas was confronted with the facts, he fled. That says a lot right there. Not to mention how much hell Nikki gave Heather (the children’s mother). He flaunted what he did in bed, he harassed her, he tried to take her children from her.

    Excuse me about the little stalking comment. One does not have to stalk Zoe to know anything about him. Say the word Trans anything and he camps out with his endless drivel.

    KH (c33964)

  72. NIKKI is a liar. Those are not real tears. Her husband knew everything about her, did he know NIKKI is HIV+. NO. I love the LGBT community, but not NIKKI, Nikki seems to be a CON ARTIST.

    HTD (816e62)

  73. That should be not in it for the long haul.

    KH (c33964)

  74. I AGREE KH

    HTD (816e62)

  75. justin once twice three
    times lady and Large Marge show
    how hog eat cabbage

    ColonelHaiku (11870b)

  76. Just to correct some of the more imaginative statements by various commenters :-

    I’m doing a PhD at the moment, at the ANU (Australian National University). I’ve just returned from the International Genetic and Evolutionary Computation Conference at Portland, Oregon, where I gave a short paper. I’m currently frantically busy with patent lawyers getting some IP issues sorted out before journeying again to the Artificial Life Conference in Odense, Denmark next month, where I’ll be giving another paper.(see “Using a Meta-GA for Parametric Optimization of Simple GAs in the Computational Chemistry Domain” p111 )

    I have no idea why those such as KH and NH engage in character assassination, and spout misinformation that’s often easy enough to debunk.

    I mean, why do they lie like this? What’s the point? How come they dismiss all scientific and medical papers as “drivel”? Why do they make up stuff?

    I think this is the first time I’ve been accused of being a “man living off the government dole claiming he is too disable (sic) to work”. But I’m sure they’ll repeat it. They appear impervious to mere facts.

    One trivial correction to NK – the paper only described Swyer Syndrome in the daughter, not the mother. To see what Swyer syndrome looks like in practice, have a look at this video:

    Zoe Brain (e9b3d8)

  77. Houston, Texas – July 23, 2010 – Jeers and public threats greeted Mrs. Nikki Araguz outside the Warton County Courthouse today. The Widow of Wharton County firefighter Captain Thomas Araguz, who was killed in the line of duty, was in court for the first hearing in a suit brought by Araguz’s mother, Simona Rodriguez Longoria. The suit claims that Longoria should inherit Capt. Araguz’s widow’s benefits and all marital assets.

    Longoria claims that since Mrs. Araguz was legally a male before transitioning to female, and legally changed her gender prior to her subsequent marriage to Capt. Araguz that Longoria, not Mrs. Araguz, should receive all benefits and joint property. This includes any income earned by Mrs. Araguz during the marriage. Mrs. Araguz was the principle wage earner of the couple.

    Capt. Araguz’s two children from a previous marriage will receive one half of Capt. Araguz’s $600,000 firemen’s fallen hero benefit regardless of the outcome of this case. They are also entitled to free tuition at Texas State Schools, as will be their children.

    Longoria today expanded her claims to the property of Mrs. Araguz, asking the court to seize funds paid by a life insurance policy to which Mrs. Araguz was the named beneficiary. Judge Clapp granted her request, adding those funds to the widow’s benefits and all marital assets currently being held in escrow.

    In a victory for Mrs. Araguz, the Judge also prevented Longoria from spending any of those funds or disposing of Capt. and Mrs. Araguz’s marital assets.

    Longoria said in court today that her goal was to “freeze Nikki out.” All of Mrs. Araguz’s assets are currently frozen and unavailable to her.

    Zoe Brain (e9b3d8)

  78. Note that none of the money being claimed is to go to the children, according to the legal papers.

    Their grandmother is to be the sole beneficiary of all earned income by the widow, all insurance payouts assigned to her, and all joint assets.

    Zoe Brain (e9b3d8)

  79. There is lots of heat and not much information in some of these comments. Do I need to close comments on this thread?

    DRJ (d43dcd)

  80. Yes, Nikki was on a talk show several years ago; I saw it too like around 1993-1994! I want to say it was the Maury Povich show and her friend was with her; or should I say he. Nikki has posed as a woman for years and her friend even said that she was tired of Nikki faking these guys out. I’m surprised that she hasn’t had her @ss kicked yet. If anyone can find the clip of this show I would love to see it again.

    Connie (ccd57c)

  81. I’m getting pretty sick of all these nutcases spitting out accusations against this defendant. She’s a long term con artist spreading AIDS? Give me a break.

    Mr Boldcapsitalics doesn’t do much to change the fact that Zoe posted some actual ideas and information. One of those comments indicates that Nikki’s own earnings are sought.

    I personally believe that homosexuality is a sin, that the mother and father nuclear family is the building block of a healthy society warranting special considerations in the law, and many other things that would put me at odds with the gay community generally.

    But I’m smart enough to see that hating people because they are gay is more sinful than homosexuality. Spitting out vicious lies or attacking someone in Nikki’s situation with a legal battle doesn’t make any sense morally.

    We do have to get along with people who are gay or fail to tithe or eat pork. It’s not that hard to do.

    From Connie’s bolding to KH’s pervert thinking, to boldcaps pointlessness, the quality of the comments bashing Nikki share a certain fundamental demented quality. Much like the litigant’s not taking this issue to Thomas before he died, or not respecting his wishes if that did occur.

    If everyone was straight, had no sexual problems, and we all had nuclear families, that would make be very happy (and yeah, I realize just how off the wall this must sound to some progressive types), but we don’t live in a perfect world and I don’t see any reason to be angry at Nikki because of it.

    Dustin (b54cdc)

  82. Justin was born a male and had a sex change sometime after 1996 and 1999 then married Mata. I’ve researched this surgery and to say the least it looks awful during and just afterwards. The scars would only be one on either side of the vagina that could be easily explained by saying she needed some surgery for some vague female thing. She went to Colorado to have some surgery a few weeks after they were married and she said it was to correct a birth defect in her genital area. There is a small town in Colorado that is the world’s best place for gender reassignment surgery. She and her mother say that she was born with CAIS but that would mean that she was born with female genitalia but not with a uterus. If this were so she would not have been named Justin and called male. Anyway, she did not live off of him because she had a job running her own magazine and paid his child support. She was the breadwinner. Texas doesn’t change birth certificates. It only amends them meaning that both genders are listed which is unlike some other states where the actual gender is changed. Therefore she is male and her marriage is void. As for what is in the Bible about homosexuals. That is said by God to be sin in the Old and New Testaments. God told Peter to rise kill and eat but he would not because they were unclean animals. God said he had made them clean so therefore pork was now okay. God said he enjoys a cheerful giver and still wanted people to give but he wanted them to give from their hearts instead of giving only or up to a 10th or tithe. The suit is for the money that would normally be split between the spouse and the children. It is not for all of the benefits. There is one with her name on it that goes to her no matter what because it is like a life insurance policy in that you can name anyone to receive it. As for her not telling him that is correct. When he found out he was embarrassed to say the least and went straight to a lawyer to get separated and he moved out. Nikki’s assets are frozen until they can determine what is his and what is hers but it states in the motion that she can petition the judge to get funds as needed if he approves it. She is not starving as some have put it. I am from Wharton and know folks who knew them,what was going on and what is going on now. I am not gay nor lesbian nor bi. I’m straight. I researched a lot of this information about the case because I was interested in it since it was in my home town and involved people I know.

    garciarso (fd6b01)

  83. Also, you can see videos of her interviews on youtube. Research body language and then watch them. She lied. She lied. She lied. And why doesn’t she shed a tear when she “cries” on TV about it? I think she must have taken hormones for years because she really looks feminine now. Oh, and yes you can volunteer as a fireman without going to the fire academy. He would have not been as involved as the others who were graduates of the academy.
    I always wondered what the deal was with people who say that they are born one sex but in the body of another. Thinking that it is a delusion does make some sense. I have a relative that is Schizophrenic and they can believe all sorts of delusions. The latest thing I read is about trans-racials. Have ya’ll heard of this? They are one race on the outside but inside they identify with another. I am not making this up. These people are getting facial plastic surgery to appear like the race that they feel that they are inside. Unreal. What a crazy mixed up world we live in.

    garciarso (fd6b01)

  84. garciarso, of course it involves people you know. Do you really think we didn’t already know exactly what you’re doing?

    Do you really think everyone is stupid? If this Nikki had HIV or if Thomas had sought a divorce that information would be broadcast loudly, not in comments on blogs by anonymous monsters.

    Try reading this Bible again with a heart for forgiveness and compassion. Perhaps Jesus had added a commandment in there about loving people like Nikki, who you note was their breadwinner, instead of forcing them to petition a judge for their money.

    Nasty business you’re up to. Hope you enjoy your pieces of silver.

    Dustin (b54cdc)

  85. I don’t know anything about any HIV status and this page is the first I’ve heard of it. I don’t go arou nd hating gay people. I love them. I don’t approve of what they do though. Just like I do not approve of the friend of mine that shoplifts. See, you can not approve of something and see it as a sin without hating them. People call everything hate when they can’t accept that everyone isn’t telling them that they approve of them. Who cares who approves or who or what they do? As for the judgement on whether or not she can get her own money that is frozen don’t blame the people that petitioned the court because people do stupid crap in courts everyday. If it is a stupid thing then the judge is supposed to not grant it. Be mad at the judge. Not me or anyone else about it. He’s the one that should know better. Pieces of silver? WTH???? Who do you think is the Jesus that you think I’m selling out? I spoke the truth about both sides. I think both sides have done stupid stuff. I don’t think she is the spouse legally because that is what the law says and not my opinion. Actually, that he sought a divorce is broadcast loudly. Oh, and just so you know I am not hating on these people and I am loving and compassionate. But that doesn’t mean that if I cite the truth that I’m being ugly and mean to someone. Hmmmm, Dustin, I keep reading your response and all I can think of is what an angry little person you must be. How about you having some love and compassion when it comes to someone that disagrees with you or do you hate them? And like I asked earlier, who do you think I am betraying?

    garciarso (fd6b01)

  86. Remember Dustin, take a deep breath and remember to be loving and compassionate instead of a hater when it comes to opinions and facts you don’t agree with. That is the new excuse now though isn’t it when someone argues someone else into a corner. They just say that the others are racist, full of hate, or phobic of some type or radical. Whatever happened to people having civilized discussions on topics without getting all angry and calling each other names?

    garciarso (fd6b01)

  87. dont be such hater
    you me he/she us them
    we all God’s chillun

    ColonelHaiku (ac3c3c)

  88. Colonel must go now
    last post leave him retching and
    a bit light-headed

    ColonelHaiku (ac3c3c)

  89. Yeah Colonel I hear ya. Too much anger over here. I first heard about her being a him/her on facebook and omg you should see the stuff there. Had to keep out of there. Won’t come back here anymore. I think that using a last name from a different race than my own caused folks to assume I wasn’t neutral but on one side of this debate. I wondered if that would happen. That’s why I did it. 😉 Anyway, love, joy and a happy life to all.

    garciarso (fd6b01)

  90. Remember Dustin, take a deep breath

    You’re telling me to take a deep breath?


    You’re spitting out countless lies. So are the other nutcases attacking Nikki in this thread.

    Here’s one:

    When he found out he was embarrassed to say the least and went straight to a lawyer to get separated and he moved out

    There is no such thing as legal separation in the great state of Texas. He didn’t file for divorce. This information would have been covered by someone other than an anonymous nut who admits knowing the parties of the case.

    You repeat ‘she lied’ over and over. That’s called projection.

    So many of you people have all these nasty accusations to level, and yet you don’t have any links. I’m not surprised. I could go on, I guess, but you’re not worth my time. I feel very sorry for people like you.

    Reconsider my appeal. Insisting you actually love all gay people is not the same as actually loving them. This isn’t a magic spell you can just recite and fix your little problem. You say you follow Jesus. I admit that’s hard to do and no one does it exactly right, I think you’re rejecting his message.

    Dustin (b54cdc)

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