Two men who traveled from Cincinnati to Maryland last week to marry, John Arthur and Jim Obergefell, are now asking Ohio to recognize their marriage based on equal protection:
The suit, filed by the couple, states the way the law treats marriages between opposite-sex couples is unfairly different from the way it treats marriages between same-sex couples.
"It's blatant discrimination," said the couple's attorney Al Gerhardstein. "It's a denial of equal protection."
The suit points to an example of a marriage between first cousins. In Ohio, it is illegal. But if first cousins go to another state and marry where it is legal, Ohio will recognize their out of state marriage as valid.
"Equal protection demands that opposite-sex couples and same-sex couples should be treated the same," Gerhardstein said in a release. "John and James were validly married in Maryland. If they were an opposite sex couple, Ohio would recognize their marriage. Being a same-sex couple is no longer a good enough reason to deny them equal rights."
Gerhardstein says the suit filed Friday has importance beyond the law. The couple is running out of time.
Two years ago, Arthur was diagnosed with ALS, also referred to as Lou Gehrig's Disease. ALS is a progressive neurodegenerative disease that affects nerve cells in the brain and the spinal cord. There is no known cure or treatment today that halts or reverses ALS.
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