(13 Sep 2014) In a ruling that calls into question Arizona’s gay marriage ban, a judge handed a victory Friday to a gay man who lost his spouse to cancer last month and was denied death benefits because the state prohibits same-sex unions.
U.S. District Judge John Sedwick allowed Fred McQuire to be listed on his spouse’s death certificate, marking another development in the national debate over gay marriage as state and federal judges across the country have struck down bans in more than a dozen states at a rapid rate since a landmark U.S. Supreme Court ruling last year.
“That is a very powerful statement for all of the same-sex couples,” said McQuire’s attorney Jennifer Pizer from Lambda Legal. “In this state about the rights guaranteed to them and to all of us by the federal Constitution.”
Friday’s decision only applied to McQuire, but the judge signaled that Arizona’s gay marriage ban may not hold up after he hears a broader challenge to the constitutionality of the law.
President of the Center for Arizona Policy is one of the people that do plan to make the challenge. “No court decision will be the final arbiter of the meaning of marriage for our country,” she said. “The challenge to restore the meaning of marriage between a man and a woman to our culture will go on.”
McQuire and George Martinez were partners of 45 years who got married in California this summer, fulfilling one of their final wishes as they both dealt with serious health issues.

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