Two Ohio men who want their out-of-state marriage recognized as one of them nears death have gotten a ruling in their favor from a federal judge, who wrote that they deserve to be treated with dignity in a case that’s seen as encouraging for same-sex marriage supporters in the state.
Federal Judge Timothy Black ordered Monday that the death certificate of ailing John Arthur show that he was married and that Jim Obergefell is his surviving spouse. The ruling means the pair can be buried next to each other in Arthur’s family plot, located at a cemetery that allows only descendants and spouses.
Ohio does not recognize same-sex marriage.
Arthur and Obergefell, both 47, say they’ve been in love for more than 20 years, that Arthur is likely on the verge of dying from Lou Gehrig’s disease, and that “they very much want the world to officially remember and record their union as a married couple,” according to a lawsuit filed by the couple Friday against Ohio Gov. John Kasich, Attorney General Mike DeWine and a Cincinnati official responsible for filing death certificates.
Obergefell said Tuesday that he and Arthur’s fight was about more than just a piece of paper.
“To have a federal judge say, ‘You know what, John and Jim, your relationship exists, and it’s just as valid as any other married couple,’” Obergefell said. “It’s an incredible feeling — that we do matter.”
Though Black’s order was specific to the couple’s case, opponents of Ohio’s ban on gay marriage were encouraged by it.
“This is one more step toward marriage equality in the state of Ohio,” said the couple’s attorney, Al Gerhardstein.