[Soon]

Originally Posted by BullDog

My heart certainly goes out to Nikki. One thing I am surprised that no one has mentioned is, under the law if she is not recognized as a woman then she will receive the same treatment as same sex couples. It certainly is homophobia (even though she may not be homosexual) as much as it is transphobia. I have heard of cases where a lesbian police officer was killed in the line of duty and her partner did not get spousal death benefits. I believe it was in Florida. It is true that if she was legally recognized as a woman and legally married to a man then she would be deemed heterosexual and her marriage would be seen as legitimate. That has to do as much with heterosexuality as it does with cisgender.

Originally Posted by Stearns

If you have a private insurance policy, you can name your beneficiary and it will stand. However, with traditional pension plans, same gender spouses, sadly, are not usually allowed to receive death benefits.

Originally Posted by HowSoonIsNow

Although a will may allow for transference of some property after death, it would not allow for any pension/death benefits (in this case, so far, 60 000 in benefits have been frozen in addition to whatever other assets), to be given to the surviving same sex spouse--which Nikki Araguz is considered under Texas law if she was identified as male at birth.

Bulldog,

I think we have mentioned it and realize that is the issue as well. Of course if there weren't restrictions on same sex marriage, this discussion wouldn't take place b/c, either way, their marriage would be considered valid. I don't think anyone is missing the fact that this has to do with homophobia as well as transphobia.

It isn't just that her transition does not legally make her a woman for legal purposes but that, under law, she is still a man and considered to be in a same sex marriage. I get that and found two examples where Stearns and myself both stated their marriage--b/c she was born male--is now treated as a same sex one--hence, VOID.

I think most understand the inegalitarian structure that prevents their marriage from being recognized. I don't think anyone is missing that piece to why this is an injustice.


About Florida: This State has, at 3 (!) different times, passed legislation to ensure that a marriage is only recognized as a man and woman and NO other union shall be considered for legal purposes (common law, civil union etc). So, of course, the surviving partner would not receive benefits. Stories like that, sadly, are all too common around here and the many other states that have passed such unjust legislation.