In re Estate of Araguz

From Monica Roberts at TransGriot:

Texas 13th Court of Appeals Chief Justice Rogelio Valdez  today issued a landmark opinion that reversed Judge Randy Clapp’s (R) odious 2011 ruling invalidating Nikki’s marriage to her late husband Thomas Araguz III.

Clapp ruled that Araguz was born male and Texas’ 2005 marriage amendment  doesn’t recognize her marriage to a man, thus invalidating her 2008 marriage to Araguz.

It’s even more delicious that this ruling taking down the odious Littleton v Prange case happened the day before Valentine’s Day.

I have to admit I’m somewhat surprised.

There is, of course, no honest, ethical legal argument supporting the position taken by those who were trying to invalidate Nikki’s marriage – but that tends not to stand in the way of courts full o’ judges itchin’ to move up the political ladder by carrying the water of the christianist right.

In 1999, Littleton v. Prange was not decided based on the facts of the case or applicable law, but rather because the conservative wing of the San Antonio Court of Appeals (including, sadly, a Democrat) wanted the political world to know that they were on the side of Gary Bauer, et. al., in the same-sex marriage war that everyone knew was about to erupt by virtue of what everyone was already presuming was going to be a positive decision from the Vermont Supreme Court in the Baker case (the decision wouldn’t come down until two months after Littleton, but the oral arguments had already occurred.)

And, I presumed that the Corpus Christi-Edinburg Court of Appeals would act similarly against Nikki Araguz due to the wave of amendment challenges heading Texas’ way (Oklahoma recently; now a case is progressing even in Texas.)

I’m glad I was wrong – and I hope it remains necessary for me to say that…

for there’s always the Texas Supreme Court for Nikki’s detractors to attempt to attract the attention of – and I’m pretty damn sure that whatever they have to say won’t result in my having to admit that I’m wrong.

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