Professional Football Player Chris Kluwe Stands up for Gay Marriage
PHOENIX -- There is now one same-sex couple whose marriage is legal in Arizona.
A federal judge has issued an emergency order requiring Arizona to recognize the California marriage of Green Valley couple Fred McQuire and George Martinez.
The Vietnam-era veterans had been together for 45 years before Martinez died of pancreatic cancer in late August.
McQuire and Martinez are among the plaintiffs in a lawsuit filed in March challenging Arizona's definition of marriage as only between a man and a woman. Martinez in June was diagnosed with pancreatic cancer and given months to live. They asked the court for an emergency order that would recognize their marriage in Arizona, and were still waiting when Martinez died.
Friday, McQuire, 69, went to court. U.S. District Court Judge John Sedwick heard arguments Friday morning and within a couple of hours issued a brief order.
The order, although it applies to only this couple, also indicates that Sedwick believes the broader case is also headed for a win. Sedwick in his ruling explicitly says the state's argument that the current law doesn't discriminate "lacks merit."
"The reason why couples such as McQuire and Martinez may not marry is precisely because of their sexual orientation."
Even though Martinez is gone, the issue matters more than ever, McQuire said. He desperately didn't want to receive a death certificate that describes Martinez as "never married" and lists no surviving spouse.
"George will be very proud of me being here," said McQuire, who uses a cane and has hand tremors related to Parkinson's disease, said during the hearing Friday morning. "I need to let people know I was married. George was my life partner for over 40 years. We loved each other and he would love to have my name on his death certificate."
McQuire does not qualify as a beneficiary for some of Martinez's retirement payments and benefits, including his veteran benefits. He said his pension isn't enough to allow him to stay in the home they shared.
"I'm going to lose the house," he said. "At this point, I don't know what tomorrow brings."
His attorneys said they will work to get McQuire federal benefits. But he will not automatically receive them, even now that Arizona recognizes the marriage.
McQuire said his emergency request, and his part in this lawsuit, is about more than just him and Martinez.
"People are being denied their rights of survivorship, their dignity, their right to live the rest of their lives in the way their spouse would want them to live," he said.
The Christian-based legal group Alliance Defending Freedom represented the state in the hearing. They argued that while the situation is "unfortunate," McQuire didn't prove the irreparable harm required for such an emergency request. The harm, they said, would be to the state of Arizona and the sanctity of marriage.
"The integrity of the state's marriage definition, which has existed since the state's inception, is of the utmost importance," said attorney James Campbell. "That requires the state to preserve its marriage policy. It can't change it, not even for one person."
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Same Sex Couple has exciting news! Below are the news articles for June 26th, a day that will go down in history.
- News for same sex couple
Toronto Star- Ruling hands married gay couples potential tax benefits USA TODAY - 1 hour ago Legally married gay couples may want to take another look at that tax return, thanks to the Supreme Court, they may be eligible to amend ...
- Gay couples stand to receive thousands of benefits in wake of DOMA decision
NBCNews.com (blog) - by Daniel Arkin - 12 hours ago - Tax Implications Of The Supreme Court's DOMA Decision: Same-Sex Couples To Be Subject To Marriage Penalty
Forbes - 3 hours ago
- Supreme Court strikes down DOMA provision denying benefits to ...www.foxnews.com/.../supreme-court-strikes-down-defense-marriage-act-...13 hours ago – The 5-4 ruling -- a major victory for gay-rights advocates -- means those same-sex couples would be eligible for federal benefits. President ...
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- High court's DOMA ruling: big tax savings for same-sex couples ...www.csmonitor.com/.../High-court-s-DOMA-ruling-big-tax-savi...by Akane Otani 6 hours ago – The Supreme Court's decision to strike down the Defense of Marriage Act could save thousands of dollars in federal taxes for gay and lesbian ...
- Tax Implications Of The Supreme Court's DOMA Decision: Same ...www.forbes.com/.../tax-implications-of-the-supreme-courts-doma-decisi...4 hours ago – Earlier today, the Supreme Court ruled a key component of the Defense of Marriage Act (DOMA) unconstitutional, capping what Time Magazine ...
- New Financial Planning Essentials For Same-Sex Couples - Forbes www.forbes.com/.../new-financial-planning-essentials-for-same-sex-coup...8 hours ago – Five steps for gay and lesbian partners, in light of today's Supreme Court ruling.
- Same-Sex Married Couples Cheer Over DOMA Demise - ABC News abcnews.go.com › US13 hours ago – The Supreme Court rulings on DOMA and Prop 8 are victories for same-sex couples who say they are "no longer second-class citizens."
- Same-sex couples eager to marry - SFGate www.sfgate.com/.../Same-sex-couples-eager-to-marry-4623877.php7 hours ago – The couple held a wedding ceremony in Hawaii in October, but like many other same-sex couples, their celebration lacked only a legal ...
- For California Couples, Uncertainty on Gay Marriage Turns From 'If ...www.nytimes.com/.../for-california-couples-uncertainty-on-gay-marriag...2 hours ago – State officials are urging that licenses be granted immediately, but other officials and legal experts say such a process could take a month.
- Married same-sex couple awaits ruling on federal benefits - CNN.com www.cnn.com/2013/06/25/us/supreme-court-preview.../index.html14 hours ago – Same-sex couple awaits U.S. Supreme Court ruling on the Defense of Marriage Act.