Texas attorney general’s office declines opinion on same-sex marriage license request

From Dallas Morning News:  http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-samesex_11tex.ART.State.Edition1.35f286a.html

10:51 AM CDT on Wednesday, August 11, 2010

Austin American-Statesman

AUSTIN – The Texas attorney general’s office has declined to issue an opinion on whether counties can provide marriage licenses to same-sex couples if one underwent sex reassignment surgery.

The question came from El Paso County, where Sabrina Jeanne Hill requested a license to marry another woman. Hill submitted a birth certificate indicating she was born a male, but her driver’s license listed Hill as a female as did a court order acknowledging that she had changed her name from Virgil after surgically becoming a woman.

El Paso County Attorney Jo Anne Bernal, noting that state law forbids same-sex marriage, asked which form of identification to accept. The attorney general’s office said a civil case in Wharton County was examining a similar question and it would not issue an opinion on an issue that was the subject of litigation. Officials noted that court decisions are binding, while attorney general opinions are advisory.

The Wharton case involves Nikki Araguz, the widow of a Wharton volunteer firefighter, Thomas Araguz III, who was killed fighting a fire July 4. Thomas Araguz’s family filed suit in July to prevent Nikki Araguz, who was born Justin Purdue, from collecting death benefits, arguing that the marriage was void because Nikki’s birth certificate proves it was a same-sex union.

2 Responses to “Texas attorney general’s office declines opinion on same-sex marriage license request”

  1. edith Says:

    Hi Suzan,

    I didn’t read Alex Blaze’s article in May about the Sabrina Hill case until just a few minutes ago.


    I was focused on the rather large picture of Nikki Araguz today when Alex brought up this case today.

    Was that what you had in mind when you posted:


    last week?

    I went back to your comment about “birth certificate games”. It doesn’t seem that is what you had in mind. I don’t want a redux of that discussion but I have to say all these events transpiring within the span of a few months seem indicative how difficult all these questions are. Texas is a real hot spot with Cornyn, Armey, Paul, the Bushes – a real battleground. I hope all of you and what is correct (not right) prevails down there.

    • Suzan Says:

      Yeah West Texas and the Birth Certificates game of, “I’m really a woman except I’m going to use the original birth certificate so I can enter into a same sex marriage by claiming to be male for purposes of marriage is pretty fucked up.

      Go to Massachusetts, Iowa etc and enter a real same sex marriage.

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