Arizona man wins right to be listed as "surviving spouse" in narrow same-sex marriage case

Fred McQuire (L) and George Martinez (R) exchange marriage vows in California

Today, a judge in Phoenix, Arizona, ruled in favor of plaintiff Fred McQuire's request to be listed on the death certificate of his recently deceased husband George Martinez.

Arizona state law does not recognize same-sex marriage and as such would not list McQuire as Martinez's husband on the death certificate.

U.S. District Judge John Sedwick's ruling will allow McQuire the right to apply for Social Security and veterans death benefits.

The state had argued against McQuire claim based on the state's ban on same-sex marriage, but Judge Sedwick wrote that McQuire faced irreparable harm on the basis of the loss of his dignity and status while he was the midst of his grief.

From Lambda Legal via press release:

An accurate death certificate is necessary for a surviving spouse to settle their loved one’s affairs, as well as to collect veterans, social security and other benefits generally available to surviving spouses.

“I’m ecstatic and so grateful that my marriage to George is recognized. My birthday is next week and this is the best birthday present I could have ever hoped for. This is the highest honor that we could offer George and his memory—he would be so proud. Even though this ruling is for George and me, I hope this is going to help other families, too. No one else should have to deal with the pain and humiliation of not being able to take care of something as simple and sensitive as a death certificate for their spouse,” said Lambda Legal client Fred McQuire.

Read the ruling here.

UPDATE: via Twitter

Bittersweet victory as Fred picks up the accurate death certificate of his late husband, George. #loveunitesus #lgbt pic.twitter.com/h6eIBgoB6i

— Lambda Legal (@LambdaLegal) September 13, 2014

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