Ohio: John Arthur, who sued for the right to be buried next to his husband, dies at 48

Cincinatti.com has reported that John Arthur, who in July flew to Maryland with his partner of 20 years, Jim Obergfell, so that they could marry on the airport tarmac before Arthur's ALS, a progressive neurological disease that robs patients of their ability to walk, talk and eventually breathe, became too difficult, has died at the age of 48.

My sincerest condolences go to Jim Obergfell, and their friends and family. John Arthur's courage to fight for his rights, in the face of his ongoing terminal illness, made a big difference for many Ohio couples.

Mr. Arthur was diagnosed with amyotrophic lateral sclerosis in 2011, and his terminal illness played a prominent role in the couple’s decision to marry and in the ensuing legal battle. He and Obergefell had been a couple since 1992 but decided to marry after the U.S. Supreme Court’s June 26 decision striking down portions of the federal Defense of Marriage Act.

Several days after their marriage, they filed a lawsuit in federal court in Cincinnati against the state and the city of Cincinnati, claiming that failure to recognize their marriage violated the equal protection clause of the U.S. Constitution, because Ohio recognized other marriages performed outside the state that Ohio itself banned, such as marriages between first cousins or minors.

Mr. Arthur’s terminal illness allowed the case to move more quickly through the court. It also allowed Gerhardstein to argue that the couple would face “irreparable harm” if Mr. Arthur was listed as single on his death certificate. Additionally, Mr. Arthur’s family plot at Spring Grove Cemetery is limited to direct descendants and their spouses, so the question of recognizing their marriage also was likely to influence where he was buried and whether his partner could someday be buried next to him.

In July, Federal Judge Timothy Black issued a temporary order requiring that Arthur be listed as married on his death certificate and Obergefell be named his surviving spouse.

(via Towleroad)