Gay Ohio Couple Win Extension Recognizing Their Marriage, Court Date Set

Gay kiss

Last month we reported on the heart wrenching story Cincinnati, Ohio gay couple, John Arthur and Jim Obergefell following the Supreme Court’s historic overturning of section 3 of DOMA made a difficult journey to Maryland to be married.  John suffers from ALS, also known as Lou Gehrig’s disease a terminal illness and is in constant pain.   Jim is his primary caregiver.  But despite the fact that John was unable to travel easily the couple persevered with the help of  donations from family members and others, the couple was able to charter a plane that cost $12,700 to fly to Maryland where they wed on the Tarmac before immediately turning around to go home..

Upon returning to Ohio, which has one of the strictest state DOMA’s on record the couple filed a federal suit against the state of Ohio challenging that state’s ban on same-sex marriage, stating that the way the law treats marriages between opposite-sex couples is unfairly different from the way it treats marriages between same-sex couples.

Jim Obergefell said in a release. “When (John Arthur) dies, his death certificate should reflect our marriage just like the records of all the other married couples in Ohio.“

Judge Timothy S. Black issued a temporary restraining order against the State of Ohio ORDERING County Celrks not to accept for recording a death certificate for John Arthur that does not record Mr. Arthur’s status at death as “married” and James Obergefell as his”surviving spouse.” if James passes away before the case is heard.

Yesterday Judge Black extended his previous order, which was set to expire in less than a week, until Dec. 31, which will protect John Arthur and James Obergefell’s marriage as their lawsuit against state and local authorities proceeds and scheduled oral arguments in the case for Dec. 18 and will decide after that whether to issue a permanent order against the state to recognize the couple’s marriage

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