Showing posts with label Jim Obergefell. Show all posts
Showing posts with label Jim Obergefell. Show all posts
Thursday, October 01, 2015
Friday, July 31, 2015
I Didn't Say It ...
Friday, June 19, 2015
I Didn't Say It ...
Wednesday, October 23, 2013
John Arthur Died ... Legally ... Peacefully ... Married
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This one breaks my heart.
I first wrote about John Arthur back in July [HERE and HERE] when he and his partner, Jim Obergefell flew to Maryland via a hospital plane — John had ALS, a progressive neurological disease that robs patients of their ability to walk, talk and eventually breathe — so that they could be legally married before John passed away.
All John wanted was for his death certificate to say he was Jim's husband.
After the wedding, held aboard the plane because of John’s condition, they immediately flew back to Ohio to have their marriage recognized. John and Jim just wanted the world to know that they were a married committed couple, and that they would be buried side-by-side as husband and husband. They decided to sue the state of Ohio.
And in that case U.S. District Judge Timothy Black found in favor of the couple and a second couple that joined the lawsuit. He wrote that they deserved to be treated with respect and that Ohio law historically has recognized out-of-state marriages as valid as long as they were legal where they took place, citing marriages between cousins and those involving minors:
"How then can Ohio, especially given the historical status of Ohio law, single out same-sex marriages as ones it will not recognize?" Black wrote in August. "The short answer is that Ohio cannot."
John Arthur died early Tuesday, a happily, legally, married man.
The couple’s attorney released a statement:
"Their love is a model for all of us. Part of John's legacy will be the difference he has already made in the struggle for marriage equality."
The lawsuit has since been expanded to have the out-of-state marriages of all gay couples in similar situations recognized on Ohio death certificates, despite the statewide ban. And the case has drawn attention in other states, including helping spark a similar but much broader lawsuit in Pennsylvania.
All John Arthur wanted to do before he died was to marry his partner and to have his death certificate state clearly that he was the husband of Jim Obergefell.
He got that wish, and I’m fairly certain that he is now resting in peace.
He deserves it.
Folks on the other side of this argument say that we're asking for 'special' rights, but it boils down to one thing: we're asking for dignity, and respect, and recognition that we live and love and die just like everyone else, and should be allowed to do so freely.
Is that so wrong?
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Tuesday, July 23, 2013
UPDATE: Judge Orders Ohio To Recognize John Arthur and Jim Obergefell's Marriage
I’ve written about John Arthur and Jim Obergefell twice in
the past week—this post makes three—and it’s always good news; first, they were
getting married [John Arthur and Jim Obergefell: AWish Fulfilled] and then they filed suit to have their marriage
recognized in Ohio [John Arthurand Jim Obergefell Are Demanding That Ohio Recognize Their Marriage]
and now this.
Yesterday a federal judge in Ohio ordered state officials to
recognize John and Jim’s marriage on the death certificate of John Arthur, who
suffers from ALS, and whom the judge says “is certain to die soon.”
“The end result here and now is that the local Ohio Registrar of death certificates is hereby ORDERED not to accept for recording a death certificate for John Arthur that does not record Mr. Arthur’s status at death as ‘married’ and James Obergefell as his ‘surviving spouse.’ By treating lawful same sex marriages differently than it treats lawful opposite sex marriages”—Judge Timothy Black
Black concluded that Ohio’s 2004 constitutional amendment
banning recognition of same-sex couples’ marriages and Ohio’s statute
addressing the same issue “likely violate the United States Constitution.”
And, in addressing the
constitutional question, Black explained, “Although the law has long recognized
that marriage and domestic relations are matters generally left to the states,
the restrictions imposed on marriage by states, however, must nonetheless comply
with the [U.S.] Constitution … The purpose served by treating same-sex married
couples differently than opposite-sex married couples is the same improper
purpose that failed in United States v Windsor and in Romer v Evans: ‘to impose inequality’ and to make gay
citizens unequal under the law.”
John Arthur and Jim Obergefell
filed a lawsuit against Ohio Governor John Kasich to have their marriage legally
recognized in their home state. Ohio Attorney General Mike DeWine defended the
state’s laws in filings with the court, but Cincinnati city lawyers
representing Dr. Camille Jones, the vital statistics registrar for the city,
declined to defend the law, telling the court, “The City will not defend Ohio’s
discriminatory ban on same-sex marriages, but the City’s vital statistics
registrar is bound to follow Ohio law until that law is changed or overturned.”
Maybe, just maybe, John
Arthur can quietly pass away as the legally recognized husband of Jim Obergefell.
Is that so wrong?
Monday, July 22, 2013
John Arthur and Jim Obergefell Are Demanding That Ohio Recognize Their Marriage
Last week I posted about John Arthur and Jim Obergefell of
Ohio who made quite the trek to Maryland to get married. John suffers from ALS,
so their trip involved donations to cover the cost of a medical transport, and
all kinds of pre-arrangements so they could fly to Maryland, marry one another
on the runway and then fly home. [See John Arthur and Jim Obergefell: A Wish Fulfilled]
And they did it. But they aren’t done, y’all, not by a long shot.
Last Friday John and Jim filed a federal lawsuit claiming it
is unconstitutional for Ohio not to recognize their marriage. The suit states
that the way Ohio law treats marriages between opposite-sex couples is unfairly
different from the way it treats marriages between same-sex couples.
"It's blatant discrimination. It's a denial of equal protection."— Al Gerhardstein, John and Jim’s attorney
The suit also mentions marriages of first cousins; now, to
be fair, in Ohio, marriage between first cousins is illegal, but if those first
cousins travel to another state that recognizes their marriage, and they get
married, upon their return to Ohio they are recognized as a legally married
couple in the state. Not so for The Gays who marry elsewhere and return to Ohio.
Gerhardstein says the Arthur-Obergefell suit has importance beyond
the law, because the two men are running out of time. John Arthur’s ALS, a
progressive neurodegenerative disease, with no known cure, that affects nerve
cells in the brain and the spinal cord, could take his life, and the two men
want their marriage recognized before that happens.
"We want nothing more than for our marriage to count in the place we call home. When [Arthur] dies, his death certificate should reflect our marriage just like the records of all the other married couples in Ohio."—Jim Obergefell
Here’s hoping it will. They are a married couple, and should
be recognized as such, no matter where they live.
source
As a sidenote of a personal nature, after thirteen years of living in glorious sin, Carlos and I have decided to make honest men out of each other.
Now, South Carolina will not recognize our marriage, but it will help to have that federal recognition behind our commitment to one another.
We don't as yet know when, or where, but I'd like to do it on the day I call our anniversary, the day I moved to Miami to be with Carlos, October 17, and I might want to go to Washington state so my father can be a witness.
My father, who upon hearing this news, said to me, 'Congratlulations to my two sons."
As a sidenote of a personal nature, after thirteen years of living in glorious sin, Carlos and I have decided to make honest men out of each other.
Now, South Carolina will not recognize our marriage, but it will help to have that federal recognition behind our commitment to one another.
We don't as yet know when, or where, but I'd like to do it on the day I call our anniversary, the day I moved to Miami to be with Carlos, October 17, and I might want to go to Washington state so my father can be a witness.
My father, who upon hearing this news, said to me, 'Congratlulations to my two sons."
Wednesday, July 17, 2013
John Arthur and Jim Obergefell: A Wish Fulfilled
There is a group called Crossroads Hospice that offers unique
gifts for the dying: the gift of a perfect day, to do something they’ve always
dreamed of. One man asked to ride an Indian motorcycle for his 100th
birthday; an extended family went on a bus tour to view Christmas lights; a
woman flew to Florida to stick her feet in the sand one last time, then died
three hours after she came home.
John Arthur, another patient of Crossroads, hadn’t yet
thought of a wish until June 26, the day the US Supreme Court struck down
portions of DOMA. He watched the news from his hospital bed in his home, and he
decided that his wish would be to marry his partner of 20 years, Jim Obergefell.
Trouble was, John and Jim live in Ohio,
where marriage equality is yet to be; the couple couldn’t marry at home. And
the idea of traveling to a state where they could marry was almost a
non-thought because Arthur is bedridden with ALS, a progressive neurological
disease that robs patients of their ability to walk, talk and eventually
breathe.
But as he watched TV that historic day,
John and Jim started working their phones and their email and their social
media accounts to find a way to get this done. New York was the closest place
they could go, but they would both have to travel there to get the license,
then return home, and travel back again once they could marry.
New York was out. And California and Washington, along with
Maine, Massachusetts, Vermont and New Hampshire, were too far. But Maryland;
Maryland required only one partner to come for the license and then wait just 48-hours
before a couple could marry. And it was just an hour and 10-minute flight.
But then the cost of the trip became an
issue. Since John is bedridden—he hasn’t left his home since March—he would need
a medical transport plane that could accommodate a stretcher. Hospice could cover
some costs, like the ambulance ride to the airport, but it wouldn’t cover the
$12,000 price-tag of renting a medical transport plane.
Jim Obergefell asked their friends if
they had any connections, and suddenly donations began arriving in the mail from
relatives, friends, former co-workers, even someone in Ireland they’d met on a
cruise. The donations covered enough of the cost to make the trip possible, and
Jim Obergefell flew to Baltimore on Tuesday, obtained the marriage license and
flew back a few hours later.
On Thursday John Arthur and Jim Obergefell
boarded a Lear jet at Lunken Airport with a nurse, two pilots trained in
emergency medicine, and Arthur’s aunt, Paulette Roberts, who’d been ordained to
perform weddings with the hope that she’d someday get to do theirs:
“When I obtained ordination and license to marry people, I called my nephew John and told him I would go anywhere, anytime to officiate at his and Jim’s marriage. He and Jim both said no. They were married to each other in their eyes, but that they would not take part in a wedding ceremony until the law of the land declared they were equal to other couples.”
And that Thursday morning, the plane landed in Baltimore and parked just off the runway; the pilots disembarked. Then, in the cabin
of that plane, with Jim seated beside John’s stretcher, Paulette Roberts began
to speak. Crying, Jim Obergefell then spoke; he and John exchanged rings
and Paulette pronounced them husband and husband.
Jim leaned over John and kissed him.
It was just about seven minutes, start
to finish, and then the pilots were back on board and Jim and John headed home
to Ohio, with matching rings on their fingers and a wish fulfilled; they were finally
married after 20 years, six months and 11 days together.
“I’m overjoyed. I’m very proud to be an American and be able to openly share my love for the record. I feel like the luckiest guy in the world.”—John Arthur
One day, some day soon, I wish all Americans, in every state, could feel like John Arthur felt last Thursday.
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