WHARTON (AP) — A state appeals court has reaffirmed its earlier decision to validate the marriage of a transgender widow seeking the estate of her firefighter husband who died battling a blaze.
The ruling Friday by the 13th Texas Court of Appeals sent the case of Nikki Araguz Loyd back to a Wharton County judge who originally voided the marriage because Texas did not recognize same-sex marriage. Kent Rutter, an attorney for Loyd, said Monday that ruling meant Loyd was not entitled to Thomas Araguz's estate.
Rutter says the appeals court had ruled early last year in Loyd's favor — determining she was a woman at the time of her marriage — but had to issue another ruling this month after an appeal sent to the Texas Supreme Court was not heard.
The U.S. Supreme Court has since legalized gay marriages.
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