Ohio Attorney General Mike DeWine has reiterated that his office
will continue to defend the state's gay marriage ban in a case
seeking recognition of a dying man's Maryland marriage to his partner
of over 20 years.
On
Monday, a federal judge granted the couple a temporary
restraining order.
However, that order expires on August 5. James Obergefell and
John Arthur of Cincinnati have requested a permanent injunction to
allow Arthur, who is bedridden from Lou Gehrig's Disease and is
receiving hospice care, to be listed as married on his death
certificate, with Obergefell listed as his surviving spouse.
(Related: Dying
gay man's final wish: To marry his partner.)
“The matter will ultimately be decided by the judge on the
merits,” DeWine, a Republican, told WKRC.
“And we look forward to that argument. My job as attorney
general is to follow the will of the people,” he said, a reference
to Ohio's 2004 voter-approved constitutional amendment prohibiting
the state from recognizing any union other than a heterosexual
marriage.
David Pepper, DeWine's 2014 Democratic challenger, criticized
DeWine's decision.
“Above all, an attorney general takes an oath to support and
defend the U.S. Constitution,” Pepper said in a written statement.
“This case is a truly sad example of constitutional rights being
violated, and the deep and personal harms that result from
constitutionally unequal treatment.”
“I respectfully call upon Attorney General DeWine to recognize
the clear constitutional wrongs taking place here. Allow this couple
to spend their final weeks together in dignity.”