A plaintiff in a federal case
challenging Arizona's ban on gay marriage on Friday asked a federal
judge to recognize him as his late husband's spouse for the purpose
of death benefits.
Fred McQuire and George Martinez,
together 45 years, married in California last year.
The couple is among those challenging
Arizona's 2008 voter-approved constitutional amendment limiting
marriage to heterosexual couples.
Martinez, who was fighting a cancer
diagnosis, died last week in Tucson.
U.S. District Court Judge John Sedwick
heard arguments in the case Friday and said he hopes to issue a quick
Attorney Jennifer Pizer of Lambda Legal
Defense and Education Fund said unless McQuire is recognized as
Martinez's surviving spouse, he will not be eligible to receive
Martinez's Social Security and other benefits. She said McQuire
needs the money to keep their house.
The Christian conservative group
Alliance Defending Freedom (ADF) is representing Arizona in this
case and similar legal proceedings.
has ruled in McQuire's favor.