U.S. judge orders Arizona to recognize gay marriage from California

A federal judge in Arizona ruled Friday that state officials must recognize the marriage of two men who were wed in California this year, though the ruling will not affect the ongoing fight to overturn the state’s ban on same-sex marriage, court filings show.

In a 14-page ruling, U.S. District Judge John Sedwick found that Arizona officials must recognize the marriage of John McQuire and George Martinez, who were wed in California in July.

Martinez died of a terminal illness this year, and McQuire was demanding that Arizona officials release a death certificate recognizing him as Martinez’s husband.

“Couples in America should not have to play ‘now you’re married, now you’re not’ depending on which state they are in when a tragedy strikes, and states should not pick and choose which marriages they will respect and which they won’t as if we did not have one Constitution protecting all of us,” Evan Wolfson, president of the same-sex marriage advocacy group Freedom to Marry, said in a statement.

Nineteen plaintiffs are challenging Arizona’s ban on same-sex marriage, though the ruling Friday was limited to recognition of McQuire and Martinez’s marriage.

McQuire sued in the hope of gaining access to Martinez’s social security benefits as his legal spouse, though Sedwick wrote in the ruling that it was unlikely McQuire would gain access to them because Martinez died less than nine months after the couple wed -- the government minimum for benefits to transfer to a spouse.

Though Sedwick mostly avoided discussing the constitutionality of Arizona’s ban in his ruling, he did note that it was “probable that there is such a conflict so that Arizona will be required to permit same-sex marriages.”

Lambda Legal, the LGBT rights group that represented McQuire, praised Sedwick’s ruling as a way to honor Martinez, who was a military veteran. McQuire is also seeking veteran death benefits.

“The way the state has fought this simple issue of awarding a disabled vet the respect he deserves is shameful,” Jennifer C. Pizer, senior counsel for Lambda Legal, said in a statement. “George would have been thrilled with this outcome—all he ever wanted to do was take care of Fred and Judge Sedwick’s order will make sure his last wish is fulfilled.”

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