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Beaverton, Oregon, United States
I'm an attorney at Aaby Family Law in Beaverton, Oregon. (www.aabyfamilylaw.com) I practice probate and estate planning, including estate planning for same sex couples. kgapinski@aabyfamilylaw.com

Friday, August 30, 2013

Same Sex Couple Sues State of Ohio in Federal Court for Recognition of Marriage

Jim Obergefell (left) and John Arthur during their wedding ceremony

Jim Obergefell and John Arthur have been together for over twenty years.  The couple live in Ohio, a state which does not recognize same sex marriage.  After The Supreme Court struck down DOMA, Jim and John Arthur decided to travel to Maryland, a state recognizing same sex marriage, to get married.

Because John has Amyotrophic Lateral Sclerosis (ALS or "Lou Gehrig's disease") and is terminally ill, he was unable to travel without medical support.  The couple chartered a medical jet and got married on the tarmac of the Baltimore-Washington International Airport (BWI).

You can read more about Jim and John's story and watch their wedding:


After their marriage, the couple traveled back to Ohio and filed suit in federal court in Cincinnati - The United States District Court for the Southern District of Ohio.  Federal Judge Timothy Black extended a temporary restraining order against the State of Ohio, preventing the state from enforcing its ban on gay marriage.  Ohio was ordered to list John Arthur as married on his death certificate when he dies, rather than single, so they may be buried next to each other in a family plot at a cemetery allowing only descendants and spouses.

Oral arguments are scheduled for the case on December 18, 2013. 

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