Judge rules for Ohio men's same-sex marriage

CINCINNATI (AP) — A federal judge has ruled in favor of two Ohio men who want their out-of-state marriage recognized as one of them nears death.

U.S. District Judge Timothy Black in Cincinnati on Monday said ailing John Arthur’s death certificate can show James Obergefell as his surviving spouse. The Cincinnati Enquirer reports the couple wanted the ruling for purposes including enabling them to be buried next to each other in an Arthur family plot that allows only descendants and spouses.

Their lawsuit filed Friday against state and local authorities says the men married recently in Maryland, which recognizes gay marriages.

Judge Black’s temporary restraining order supporting their death certificate request was specific to the couple’s case, but opponents of Ohio’s ban on gay marriage are encouraged by it.