Dying Gay Man’s Wish May Mean Marriage Equality For All

A dying gay’s man wish?may mean marriage equality for all. Federal Judge Timothy Black said Ohio must recognize Cincinnati residents John Arthur and Jim Obergefell’s Maryland nuptials, the Washington Post reported.

Arthur, 47, dying of Lou Gehrig’s disease, wants Obergefell, also 47, listed as spouse on his death certificate. Black’s order expires on Aug. 5.

He will be buried in a family plot in a cemetery, which only allows ancestors and family members. The Buckeye state, according to Black, always recognized marriages performed in other places?if the ceremony was legal there. Given past practice, Ohio couldn’t discriminate.

?How then can Ohio, especially given the historical status of Ohio law, single out same-sex marriages as ones it will not recognize?? Black wrote. ?The short answer is that Ohio cannot.?

Arthur and Obergefell’s victory could swing open a lot of courtroom doors. He credited the U.S. Supreme Court’s decimation of the U.S. Defense of Marriage Act and California’s Proposition 8. Gay couples, living in states with marriage equality, could file suits themselves.

Ohio Attorney General Mike DeWine, a Republican, vowed to appeal Black’s decision in favor of the couple, according to Think Progress. DeWine faces re-election. Former Cincinnati City Councilman David Pepper, a Democrat, challenges him, according to Cincinnati.com.

?Above all, an Attorney General takes an oath to support and defend the U.S. Constitution. This case is a truly sad example of Constitutional rights being violated, and the deep and personal harms that result from constitutionally unequal treatment,? a Pepper campaign press release said.

DeWine is prepared to defend Ohio’s gay marriage ban, once the order does expire.

?My job as attorney general is to follow the will of the people,? he told Cincinnati CBS affiliate, WKRC.

DeWine spoke of the Ohio constitutional gay marriage amendment, which voters approved in 2004.

Edited/Published: EAP

Jason Carson Wilson is a Chicago-based freelance writer with more than 10 years of journalism experience. Wilson previously worked as a staff writer for daily and weekly newspapers throughout downstate Illinois. He also contribute to the Windy City Times. Wilson, a gay, African-American, is a first-year Chicago Theological Seminary student. He covers stories about GLBT rights, human rights, marriage equality, politics, race, and religion.