Arizona judge rules in favor of couple who married out-of-state

An Arizona man whose same-sex partner died last month can be listed as the spouse on his death certificate, a judge ruled today.

Fred McQuire won his case even though Arizona doesn’t recognize same-sex marriage.

McQuire and his partner, George Martinez, got married this summer in California, where same-sex marriage is legal. But because Arizona didn’t recognize their union, McQuire couldn’t qualify for Social Security and veteran’s benefits after Martinez died. His lawyers argued listing him on the death certificate could help him get those resources.

U.S. District Judge John Sedwick disagreed on that point, saying McQuire likely won’t succeed in his benefit quest. But he ruled McQuire suffered unnecessarily under Arizona’s traditional marriage laws.

“McQuire likely faces irreparable emotional harm by being denied this dignity and status as he grieves Martinez’s death,” Sedwick wrote in his ruling.

The judge also said it is “probable” that Arizona law conflicts with the U.S. Constitution, although he did not rule generally on that question, leaving the state’s voter-approved traditional marriage laws in place for now. But at some point, the state will be required to permit same-sex marriage, Sedwick predicted.

A judge in Ohio overruled that state’s refusal to recognize same-sex marriage in a similar situation. After his partner died, James Obergefell sued to be listed as a spouse on his death certificate. A judge agreed. That case is still winding its way through the courts.

The Associated Press contributed to this report.