By Mallory Nicole Davis

In 2010, Thomas Araguz III, a Texas firefighter died on the job, leaving behind his two children and transgender wife, Nikki.[1] The couple was legally married because although the state of Texas only recognizes heterosexual marriages, the state will validate a transgender union if the trans partner’s identification documents dictate that s/he is the opposite legal sex of the spouse.[2] However, when Nikki sought survivor benefits after her husband’s unexpected death, Thomas’ family launched a case against Nikki, stating that Thomas did not know his wife was transgender. The suit argued that Nikki wrongfully deceived her husband, while lobbying for the nullification of their marriage and subsequently, Nikki’s request for spousal benefits. The case was complicated further by the prosecuting attorney’s interrogation of a deposition taken from Thomas in a separate court case—a battle over custody of his two sons with his ex-wife—in which he stated that he did not know that Nikki was transgender.[3] In response to the scrutinizing of her late husband’s statement, Nikki insisted that Thomas lied during his deposition and pretended to be unaware of her transgender status in order maintain custody of his two small children. Nikki stated, “At the time, Thomas and I thought it was in the best interest of our children to lie. They were the center of (our) lives”.[4] Whether Nikki neglected to disclose her trans identity to her husband or that the couple collectively decided to lie to the court during their custody case for the sake of their children, deception surrounding Nikki’s trans status is at the center of this legal case; and undoubtedly, her credibility will be diminished regardless of how the court decides.