A transgender woman denied benefits after her firefighter husband died in the line of duty will get another chance to litigate the case in a state district courtroom, the 13th Court of Appeals ruled. Nikki Araguz was denied benefits when the mother and ex-wife of late husband Thomas Trevino Araguz III filed a lawsuit claiming their marriage was void because of Texas’ ban on same-sex marriage. The Texas appellate court held that Texas law recognizes that an individual who has had a “sex change” is eligible to marry a person of the opposite sex. The appellate court remanded the case to the trial court to litigate the issue of Araguz’ sex.
We hope Nikki prevails.