03.00 pm, Friday May 25 2012

Dead firefighter's wife 'born as a man'

14:30 AEDT Wed Jul 21 2010
By ninemsn staff
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Thomas Araguz with wife Nikki, who was born male.
Thomas Araguz with wife Nikki, who was born male.

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The family of a US firefighter who died while battling a blaze say they are shocked after learning his wife of two years was actually born a man.

Thomas Araguz's family is now fighting to have his marriage to Nikki Araguz declared legally void so she cannot receive any death benefits, MyFOX Houston reports.

"The family's having a tough time ... this has been a shocking revelation" said lawyer Frank Mann, who is representing Mr Araguz's children from a previous marriage.

Mr Araguz, who died on July 4, found out his wife was born as Justin Graham Purdue in April during a custody battle with his first wife.

"(Nikki) admitted in an affidavit she was working toward getting a sex change operation and that she'd been living as a woman for over a year," Mr Mann was quoted as saying.

It is not clear when Mrs Araguz had the sex change operation but a request to change her name was made in 1996.

Friends said Mr Araguz moved out of the couple's home in Wharton in the northeast Texas, after learning about his wife's past.

But Mrs Araguz said her husband knew everything and even supported her through reconstructive surgery.

"We had a completely honest marriage, a 100 per cent loving, honest marriage," Mrs Araguz said.

"I am grieving the loss of my husband and best friend."

She said the couple lied under oath in April during the custody dispute, swearing that Mr Araguz did not know about her gender.

They lied because they thought it would help the child custody arrangements, she said.

Mrs Araguz has been ordered not to remove any property from the couple's home or withdraw any funds from any account or receive any death benefits.

A lawyer for Mr Araguz's parents said their lawsuit was based on a 1999 Texas case which banned same-sex marriage in Texas.

It ruled a person's gender cannot be changed from what it was at birth.

The family want Mr Araguz's death benefits, up to $567,000, to go to his children.

 

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