A federal judge has extended a temporary order mandating that the
state of Ohio recognize a gay couple's out-of-state marriage.
The couple, James Obergefell and John Arthur of Cincinnati,
married aboard a medical transport plane parked on the tarmac of a
Baltimore airport. Arthur is dying from Lou Gehrig's Disease and
would like to be buried in a family plot next to his husband.
Judge Timothy Black extended his previous order, set to expire on
Monday, until December 31, NBC affiliate WLWT reported. The couple
is asking for a permanent order against the state to recognize their
marriage. Judge Black will hear oral arguments in the case on
December 18.
The order allows Arthur 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.)
Arthur and Obergefell, both 47, have been together for more than
20 years. A candlelight vigil in downtown Cincinnati in honor of the
couple was held earlier this month.
“It's beyond words,” Obergefell
said. “We've been touched by people from across the world. …
This is just unbelievable.”
Ohio officials have vowed to defend the state's marriage laws and
2004 constitutional amendment limiting marriage to heterosexual
couples.