In the US, a man has won spousal benefits after the death of his husband, despite the ban on same sex marriage in his home state of Arizona.
69 year old Fred McQuire lost his husband and partner of 45 years, George Martinez to pancreatic cancer last month.
McQuire went to court to be legally recognized as Martinez’ husband following his passing so that he could be listed as a spouse on Martinez’ death certificate and be entitled to survivor benefits. While the marriage was not legally recognised in the state, McQuire was not able to have Martinez’ remains cremated until weeks after he had passed.
Martinez and McQuire were wed in California earlier this year as part of Martinez’ final wishes. The couple met in 1969 while serving in the US Air Force.
On Friday US District Judge John Sedwick made a landmark ruling that their marriage would be recognised despite the state’s ban on same sex marriage, although the allowance would only qualify for this particular couple.
McQuire said he was thrilled with the result of the case.
“I’m ecstatic and so grateful that my marriage to George is recognized.” he said.
“My birthday is next week and this is the best birthday present I could have ever hoped for.
“This is the highest honour that we could offer George and his memory—he would be so proud. Even though this ruling is for George and me, I hope this is going to help other families, too.
“No one else should have to deal with the pain and humiliation of not being able to take care of something as simple and sensitive as a death certificate for their spouse.”
Below is a video about the couple’s story released by Lambda Legal prior to the court case.
