Texas judge set to void marriage of transgender widow whose firefighter husband died battling blaze - so she won't receive benefits from his death

A judge is set to void the marriage of a firefighter and his transgender widow to prevent her receiving benefits after he died tackling a blaze.



District Judge Randy Clapp announced his plan in a draft ruling, after he was asked to preside over a lawsuit brought by Thomas Araguz III's parents.

They are seeking a judgment to allow the volunteer firefighter's benefits to be shared between his two children from a previous marriage, rather than his wife Nikki Araguz, who was born a man.

Marriage void? Thomas Araguz III, left, died in a fire last year. His wife Nikki Araguz, right, is set to receive none of his benefits

Araguz, had a sex-change operation in October 2008, was formerly known as Justin Graham Purdue.

She is opposing the bid to void her marriage in a state that does not recognise same-sex unions.

Attorney Edward Burwell, acting for the ex-wife who joined the parent's legal action, said the ruling pleased his client. Nikki Araguz's attorney said he didn't want to comment until the ruling was final.

Wharton Volunteer Fire Department Captain Araguz died at a fire at an egg farm in Boling, Texas, on July 4 last year.

Sex change: Nikki Araguz, right, was born a man and used to be known as Justin Graham Purdue. Her marriage to Thomas Araguz, left, is to be voided by a Texas court



His estate was frozen after the launch of the lawsuit which claims that Araguz did not know the truth about his wife's sexual identity, a claim rejected by her.



Noel Freeman, president of the Houston Gay, Lesbian, Bisexual and Transgender Political Caucus said he was disappointed by the news.

'Here you have a birth certificate, a legally binding document, which the court has chosen to completely ignore,' Freeman told the Houston Chronicle.



'The transgender community jumps through a lot of legal hoops - records of sex changes, amended birth certificates - to try to live the same life that everybody else gets to live. This is a very frustrating setback.'