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Ohio couple ‘blown away’ by impact of marriage lawsuit

Obergefell, Arthur spent $13,500 for Md. marriage as terminal illness looms

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James Obergefell, John Arthur, gay news, Washington Blade, gay marriage, same-sex marriage, marriage equality
James Obergefell, John Arthur, gay news, Washington Blade, gay marriage, same-sex marriage, marriage equality

James Obergefell (right) and John Arthur in happy times before Arthur was stricken with ALS (Photo courtesy of James Obergefell).

Two days after a judge issued a court order requiring his home state to recognize his marriage, James Obergefell is still blown away by the media attention he and his dying spouse, John Arthur, have received after they spent $13,500 to wed in Maryland and sue Ohio to recognize the union.

During an interview with the Washington Blade on Wednesday from his home in Cincinnati, Obergefell called the experience of flying to Maryland to marry his partner of 20 years, returning home to sue for marriage recognition and having the court order his state to recognize it “surreal and honestly, kind of hard to believe.”

“Just the reaction that we received worldwide was touching and amazing. But then for it to turn into this?” Obergefell said. “We’re blown away, we’re thrilled and happy to show the world that we’re people too. We’re just like your neighbors, just like your kids. All we want is exactly what you have.”

The story of Obergefell and Arthur, both 47, and their marriage went viral earlier this month. Obergefell married his spouse Arthur, who’s dying of amyotrophic lateral sclerosis (ALS,) also known as Lou Gehrig’s disease, on July 11.

Their friends and family donated about $13,500 for them to fly to Maryland on July 11 in a special jet equipped with medical equipment to serve Arthur’s needs. The couple married aboard the plane as it sat on the tarmac before returning to Cincinnati the next day.

After they sued the state of Ohio to recognize their marriage, U.S. District Judge Timothy Black issued a temporary restraining order on state officials, including Gov. John Kasich, requiring Ohio to recognize the union in Arthur’s remaining days. Arthur’s death certificate must denote that he’s legally married and Obergefell is his surviving spouse.

James Obergefell, John Arthur, gay news, Washington Blade

(Photo courtesy of James Obergefell)

Obergefell said he learned the judge put the order in place on Monday while at home with family — including with Arthur’s aunt, who married the couple in Maryland — after attending the hearing in which Black said he’d rule later that day. The news came from the couple’s lawyer via telephone.

“I got the call from our attorney, and he simply said, ‘We won!'” Obergefell said. “So then I got his email and I read the whole 15 pages, or most of them, to John and his aunt and his uncle after we jumped up and kissed and hugged and cried and all of that, then I just read through the document. And then, friends came over that night and we shared a bottle of Champagne.”

The judge’s decision to hand down a temporary restraining order even before he reached a final decision in the lawsuit was expected for Obergefell, who requested such action on Friday as part of the couple’s lawsuit. Still, when the order was handed down, Obergefell said the decision was “surprising, gratifying and just incredible.”

Evan Wolfson, president of Freedom to Marry, said in a statement the great lengths the couple went to marry demonstrates the commitment of their love as he criticized Ohio law because it “cruelly denies them the freedom to marry at home.” A state constitutional amendment passed by Ohio voters in 2004 prohibits same-sex marriage.

“No couple should be forced to leave home to make legal their love and commitment to each other, and as a federal court this week rightly affirmed, no couple should suffer the indignity of returning home only to be told, ‘Your marriage doesn’t matter here,'” Wolfson said.

The order, which expires on Aug. 5, may have come just in time for the couple. Obergefell said Arthur has good days and bad days, but his health continues to decline.

“He has lost even more ability to speak,” Obergefell said. “I mean, a sentence or two is about all he can manage. ALS is a horrible disease; it just doesn’t let up.”

It’s hard to say how much time remains for Arthur, but Obergefell continues to have a positive mindset.

“In my heart of hearts,” Obergefell said. “I want to say indefinitely, I want to say many months more, but I don’t know. I wake up everyday, and my day is all around, ‘Be here longer. Be here longer.”

The reason the couple filed the lawsuit and went to such lengths to marry was Arthur’s death certificate. After the couple married on July 11, their lawyer informed them that Arthur’s death certificate would not designate him as married, nor would it identify Obergefell as his surviving spouse.

“It ripped my heart out,” Obergefell said. “Hearing that was enough to say, OK. I can’t stand for that. I can’t let any other gay couple stand for that. It isn’t right.”

But the decision to file the lawsuit resulted not just from the issue of the death certificate or state recognition of their marriage, but the idea that their union should be treated equally under the law.

“So it’s not the only thing; it was just the lightbulb going off over your head that — I felt responsibility, not just to John, not just to our marriage, but other people,” Obergefell said. “So, it’s not just that. We need to be equal. Simply put.”

Gov. Kasich, who opposes same-sex marriage, has the option of filing to a higher court the restraining order put in place by Black. No word has come yet from the governor’s office on whether he’ll do so.

Obergefell has a singular message for Kasich: Stand back and allow the court ruling that enables the legal recognition of him and his dying spouse to stand.

“My message to him is Gov. Kasich, we are citizens of Ohio, we are asking for nothing more than the same rights, responsibilities and benefits that every other married couple in the state receives,” Obergefell said. “That’s it. Do the right thing, sit back, and allow us to be Ohioans and Americans.”

Obergefell said he chose Maryland as the place where he and Arthur would marry because obtaining the marriage license in the state requires the presence of only one person — not both parties in the relationship — and because of the limited 48-hour waiting period that must pass before a wedding. Obergefell traveled by himself to obtain the license, then the couple returned together for the ceremony at BWI airport.

During the trip, Obergefell said one thought was continuously running through his head: “I can’t believe this is happening; I can’t believe this is happening.”

“That was closely preceded by, ‘Oh my goodness, we have such wonderful friends and family who — without prompting — jumped up and said, ‘We will make this happen for you,'” Obergefell said. “We will help make this reality.”

But when asked how it felt to have to spend $13,500 to travel to another state to marry when opposite-sex couples can do the same thing at their local courts, Obergefell said he was “pissed.”

“We live blocks from the Hamilton County Courthouse,” Obergefell said. “It makes me angry that we couldn’t just go there. And you know, that would still be physically demanding on him, but that would be a matter of getting him into his power wheelchair and taking him a few blocks to appear in person, and then coming home.”

Grant Stancliff, a spokesperson for Equality Ohio, said the legal recognition of their marriage is “huge” and “brought Ohio couples who are legally married in other states a ray of hope.”

“This is one of the biggest steps that has ever been taken toward marriage equality in Ohio,” Stancliff said. “It is a fantastic ruling for Jim and John. They really deserve the dignity and respect they were shown by Judge Black. Of course, so do the rest of legally married Ohioans.”

And Obergefell has a message for gay couples seeking to marry, but who live in one of the 37 states without marriage equality: Don’t wait another moment to obtain the recognition you seek.

“We deserve it; we’re asking for nothing special,” Obergefell said. “If you have the energy, the will, the desire, if you’re thinking about it, do it. Getting married, in a way, nothing changed, being together 20 years, but, truly, everything changed. It’s impossible to describe, but everything changed getting married.”

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Federal Government

RFK Jr.’s HHS report pushes therapy, not medical interventions, for trans youth

‘Discredited junk science’ — GLAAD

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HHS Secretary Robert F. Kennedy Jr. (Washington Blade photo by Michael Key)

A 409-page report released Thursday by the U.S. Department of Health and Human Services challenges the ethics of medical interventions for youth experiencing gender dysphoria, the treatments that are often collectively called gender-affirming care, instead advocating for psychotherapy alone.

The document comes in response to President Donald Trump’s executive order barring the federal government from supporting gender transitions for anyone younger than 19.

“Our duty is to protect our nation’s children — not expose them to unproven and irreversible medical interventions,” National Institutes of Health Director Dr. Jay Bhattacharya said in a statement. “We must follow the gold standard of science, not activist agendas.”

While the report does not constitute clinical guidance, its findings nevertheless conflict with not just the recommendations of LGBTQ advocacy groups but also those issued by organizations with relevant expertise in science and medicine.

The American Medical Association, for instance, notes that “empirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.”

Gender-affirming care for transgender youth under standards widely used in the U.S. includes supportive talk therapy along with — in some but not all cases — puberty blockers or hormone treatment.

“The suggestion that someone’s authentic self and who they are can be ‘changed’ is discredited junk science,” GLAAD President and CEO Sarah Kate Ellis said in a statement. “This so-called guidance is grossly misleading and in direct contrast to the recommendation of every leading health authority in the world. This report amounts to nothing more than forcing the same discredited idea of conversion therapy that ripped families apart and harmed gay, lesbian, and bisexual young people for decades.”

GLAAD further notes that the “government has not released the names of those involved in consulting or authoring this report.”

Janelle Perez, executive director of LPAC, said, “For decades, every major medical association–including the American Medical Association and the American Academy of Pediatrics–have affirmed that medical care is the only safe and effective treatment for transgender youth experiencing gender dysphoria.

“This report is simply promoting conversion therapy by a different name – and the American people know better. We know that conversion therapy isn’t actually therapy – it isolates and harms kids, scapegoats parents, and divides families through blame and rejection. These tactics have been used against gay kids for decades, and now the same people want to use them against transgender youth and their families.

“The end result here will be a devastating denial of essential health care for transgender youth, replaced by a dangerous practice that every major U.S. medical and mental health association agree promotes anxiety, depression, and increased risk of suicidal thoughts and attempts.

“Like being gay or lesbian, being transgender is not a choice, and no amount of pressure can force someone to change who they are. We also know that 98% of people who receive transition-related health care continue to receive that health care throughout their lifetime. Trans health care is health care.”

“Today’s report seeks to erase decades of research and learning, replacing it with propaganda. The claims in today’s report would rip health care away from kids and take decision-making out of the hands of parents,” said Shannon Minter, legal director of NCLR. “It promotes the same kind of conversion therapy long used to shame LGBTQ+ people into hating themselves for being unable to change something they can’t change.”

“Like being gay or lesbian, being transgender is not a choice—it’s rooted in biology and genetics,” Minter said. “No amount or talk or pressure will change that.” 

Human Rights Campaign Chief of Staff Jay Brown released a statement: “Trans people are who we are. We’re born this way. And we deserve to live our best lives and have a fair shot and equal opportunity at living a good life.

“This report misrepresents the science that has led all mainstream American medical and mental health professionals to declare healthcare for transgender youth to be best practice and instead follows a script predetermined not by experts but by Sec. Kennedy and anti-equality politicians.”




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The White House

Trump nominates Mike Waltz to become next UN ambassador

Former Fla. congressman had been national security advisor

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U.N. headquarters in New York (Washington Blade photo by Michael K. Lavers)

President Donald Trump on Thursday announced he will nominate Mike Waltz to become the next U.S. ambassador to the U.N.

Waltz, a former Florida congressman, had been the national security advisor.

Trump announced the nomination amid reports that Waltz and his deputy, Alex Wong, were going to leave the administration after Waltz in March added a journalist to a Signal chat in which he, Defense Secretary Pete Hegseth, and other officials discussed plans to attack Houthi rebels in Yemen.

“I am pleased to announce that I will be nominating Mike Waltz to be the next United States ambassador to the United Nations,” said Trump in a Truth Social post that announced Waltz’s nomination. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our nation’s Interests first. I know he will do the same in his new role.”

Trump said Secretary of State Marco Rubio will serve as interim national security advisor, “while continuing his strong leadership at the State Department.”

“Together, we will continue to fight tirelessly to make America, and the world, safe again,” said Trump.

Trump shortly after his election nominated U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N. Trump in March withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.

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U.S. Federal Courts

Second federal lawsuit filed against White House passport policy

Two of seven plaintiffs live in Md.

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Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.

The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”

Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.

“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.

Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.

The lawsuit notes he legally changed his name and gender in New York.

Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”

Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.

“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”

“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

Lambda Legal represented Zzyym.

The State Department policy took effect on April 11, 2022.

Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

A federal judge in Boston earlier this month issued a preliminary injunction against the executive order.  The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.

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