Arizona State Legalizes First Gay Marriage
A U.S. District Court in Arizona ruled that a California gay marriage must be recognized and the two men listed as spouses on official documents. The decision made on Friday means that Fred McQuire and his partner of 45 years, George Martinez, are the only legal marriage of a same-sex couple in Arizona.
McQuire is now able to list himself as a spouse to Martinez on his death certificate, after he died in late August after succumbing to pancreatic cancer.
While the ruling is a small victory for gay rights activists, the narrow application of this new development is a part of a much larger nationwide fight to allow same-sex marriages. However, attorney Dan Barr said the court's decision is still important. Barr is one of the attorneys representing McQuire and other same-sex couples in multiple Arizona lawsuits trying to challenge state marriage definitions.
"It matters to Fred. He's going to get a death certificate," Barr said. "Does it matter in the long run? It gives a pretty good signal."
The judge, John Segwick ruled on the case with a 14-page emergency motion, also spoke on the future of the state's law.
"The court has not yet decided whether there is a conflict between Arizona law and the Constitution, but the court has decided that it is probable that there is such a conflict so that Arizona will be required to permit same-sex marriages," he wrote.
He continued to say that there is inherent discrimination in the law, that "the reason why couples such as McQuire and Martinez may not marry is precisely because of their sexual orientation."
McQuire and Martinez of Green Valley filed the emergency request to Sedwick after Martinez was diagnosed with cancer in June and they traveled to California to get married. Martinez was given months to live. He passed away on Aug. 28.
While Martinez is no longer living, McQuire went ahead with the filing for recognition as his spouse on his death certificate.
"George will be very proud of me being here," McQuire 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."
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