Judge Rules Ohio Must Recognize Gay Couple’s Out-Of-State Marriage As One Nears Death

Gay rights advocate Vin Testa waves a rainbow flag in front of the Supreme Court at sun up in Washington, Wednesday, June 26, 2013. Justices are expected to hand down major rulings on two gay marriage cases that coul... Gay rights advocate Vin Testa waves a rainbow flag in front of the Supreme Court at sun up in Washington, Wednesday, June 26, 2013. Justices are expected to hand down major rulings on two gay marriage cases that could impact same-sex couples across the country. One is a challenge to California's voter-enacted ban on same-sex marriage. The other is a challenge to a provision of federal law that prevents legally married gay couples from receiving a range of tax, health and pension benefits. MORE LESS

CINCINNATI (AP) — A federal judge has ruled in favor of two Ohio men who want their out-of-state marriage recognized as one of them nears death.

Federal Judge Timothy Black says ailing John Arthur’s death certificate can show James Obergefell (OH’-bur-kuh-fel) as his surviving spouse so they can be buried next to each other.

Ohio doesn’t recognize gay marriage.

A lawsuit filed by the Cincinnati couple last week says they recently married on an airport tarmac in Maryland before returning to Cincinnati the same day.

The suit says the pair have been in love for more than 20 years, that Arthur is likely on the verge of dying from a disease with no cure, and that “they very much want the world to officially remember and record their union as a married couple.”

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Information from: The Cincinnati Enquirer, http://www.enquirer.com

Copyright 2013 The Associated Press.

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