"In Memoriam..."

John Arthur (right) with his husband and partner of more than 20 years

John Arthur, Terminally Ill Ohio Man Who Challenged Gay Marriage Ban, Dies

By Dan Sewell
10/22/13

CINCINNATI  — John Arthur, who with his longtime partner helped lead a legal challenge to Ohio's ban on gay marriage, died early Tuesday, his attorney and a funeral home director said.

With Arthur terminally ill from Lou Gehrig's disease, he and James Obergefell, both 47, flew to Maryland in June to marry. They then then sued in federal court in Cincinnati for recognition of their marriage in Ohio so they could be buried next to each other in Arthur's family plot.

"Their love is a model for all of us," attorney Al Gerhardstein said, praising Arthur for fighting in his last days for the rights of all same-sex couples.

"Part of John's legacy will be the difference he has already made in the struggle for marriage equality," Gerhardstein said.

Funeral home director Robert Grunn, who recently joined the lawsuit as a plaintiff, said arrangements were pending.

Click here to watch a video of John and James telling their story

U.S. District Judge Timothy Black found in favor of the couple and a second couple that joined the lawsuit. He wrote that they deserved to be treated with respect and that Ohio law historically has recognized out-of-state marriages as valid as long as they were legal where they took place, citing marriages between cousins and involving minors.

"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 in August. "The short answer is that Ohio cannot."

The lawsuit has been expanded to have the out-of-state marriages of all gay couples in similar situations recognized on Ohio death certificates, despite the statewide ban.

The case has drawn attention in other states, including helping spark a similar but much broader lawsuit in Pennsylvania. Black's decision also has irritated some conservative groups and lawmakers in Ohio, with one Republican state legislator calling for Congress to impeach him.

Associated Press writer Amanda Lee Myers contributed to this report.

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