It was not a long marriage, just three months and 11 days — the time it took his husband, John Arthur, to struggle to say, “I thee wed,” and then die from ALS. Now their union, and the 20-year relationship that preceded it, is at the center of Obergefell v. Hodges, the title case of four consolidated appeals the Supreme Court will hear this month to decide whether gay couples have a constitutional right to marry.
Perhaps it would be helpful to understand not only the importance of Mr. Obergefell’s marriage, but also the terrible depths to which two judges in the Sixth Circuit stooped in hopes of calling it off.
The right of Ohio to decide which marriages to honor or not depends in part on whether the marriage is illegal for other reasons. And that’s part of what is going before the Supreme Court in three weeks. You know, because marrying your gay partner is the equivalent of other prohibited behaviors like incest, or incompetence. (See Sutton and Cook, pp. 40, 59.)
That is how low Judges Jeffrey Sutton and Deborah Cook reached in order to unmarry a dead man.
Rosenwald, Michael S. “How Jim Obergefell became the face of the Supreme Court gay marriage case”. The Washington Post. 6 April 2015.
Sutton, Jeffrey and Deborah Cook. “Opinion”. DeBoer v. Snyder. U.S. Court of Appeals for the Sixth Circuit. 6 November 2014.
Thomas, J. Clarence. “On Application for Stay”. Strange v. Searcy. Supreme Court of the United States. 9 February 2015.