An Ohio man who helped build a legal battle challenging Ohio's ban on same-sex marriage died on Tuesday at the age of 48, the San Francisco Gate reported.
John Arthur, who was suffering from Lou Gehrig's disease, and his partner James Obergefell, 47, traveled to Maryland in June to marry after at being together for 20 years. They then sued a federal court in Cincinnati to get their marriage recognized in the state so they could be buried next to each other at Arthur's family plot, which is limited to decedents and spouses.
"Their love is a model for all of us," said attorney Al Gerhardstein. "Part of John's legacy will be the difference he has already made in the struggle for marriage equality."
Robert Grunn, a funeral home director who joined the list of plaintiffs in the lawsuit, said arrangements are pending.
U.S. District Judge Timothy Black ruled in favor of Arthur and Obergefell, in addition to a second couple, and said their marriage should be recognized since Ohio has previously accepted marriage licenses obtained out of state.
"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."
Critics of Arthur's lawsuit say its paving the way to legalizing gay marriage in Ohio and suggest the cemetery where his family's plot lays will not likely take legal action against their request.
Despite their claims, the cemetery still needs to follow the state law. Gary Freytag, president of Spring Grove Cemetery, said couples need written permission from living decedents or be listed on death certificates as married in order to be buried next to each other.
Freytag said the issue will most likely not arise until Obergefell's death, since the plot at Spring Grove belongs to Arthur's family.
"At that point, Ohio law may allow single-sex marriage," he said.
