
Jim Obergefell’s case seeking marriage recognition is before the Supreme Court. (Washington Blade photo by Michael Key)
Days before the U.S. Supreme Court is expected to rule on whether same-sex couples have a constitutional right to marry across the country, many observers are busy checking the Internet for news on the ruling — and the plaintiffs in the litigation are no exception.
Jim Obergefell, the Cincinnati widower for whom the consolidated case before the court of Obergefell v. Hodges is named, said he’s in D.C. and the courtroom every possible decision day so he can hear the ruling direct from the justice who writes for the majority.
“I was here last Monday and Thursday, and I’m here this entire week, waiting for the ruling,” Obergefell said.
Obergefell is a plaintiff in a lawsuit seeking recognition in Ohio of his out-of-state same-sex marriage to John Arthur, who died in 2013 of Lou Gehrig’s disease. The couple sued the state to ensure Arthur’s death certificate designates Obergefell as spouse to Arthur.
“Every day I’m in court it’s the anxiety of wondering ‘is this the day?'” Obergefell said. “I’m thinking of John and hoping SCOTUS rules that we — and all couples like us — are equal citizens of the United States, deserving of the right to marry the person we love, and to have that marriage recognized throughout the country.”
It’s unknown exactly what day the Supreme Court will issue its decision, although the court has set Thursday, Friday and Monday as opinion days.
The court just this week added Friday, the two-year anniversary of the ruling against the Defense of Marriage Act and the 12-year anniversary of Lawrence v. Texas, as an opinion day on its schedule. A ruling on Friday would amplify the historical nature of the day, but the prevailing wisdom is the Supreme Court will issue the decision on the last day of the term, which is set for Monday.
Other plaintiffs in marriage litigation aren’t in D.C. awaiting the decision, but are still on pins and needles awaiting the ruling.
Rev. Maurice Blanchard, a Baptist minister who’s among the plaintiffs in the Love v. Beshear case seeking to the right to marry in Kentucky, said he and his partner, Dominique James, are staying in their home state because they can’t afford to travel or take time off.
“We are very excited though and check our phones often for alerts on SCOTUS, hoping they’ll make their decision each day,” Blanchard said. “While we know there are several different outcomes possible, we know in our hearts that love will win. There are times like this, where all involved have done every single thing possible to bring about the end of discrimination and we must trust with faith that God will bring about the final victory; that God will make the impossible possible. Dominique and I lean on this faith daily as do our friends and family.”
The lesbian plaintiff couple in the Michigan marriage case, April DeBoer and Jayne Rowze, are also staying in their home state for the day of the decision. When the decision is handed down the couple, their attorneys and supporters are set to gather in Ann Arbor, Mich., to celebrate and conduct a news conference.
Mark Phariss, who is among the plaintiff couples in the DeLeon v. Perry case seeking the right to marry in Texas, said he and his partner, Vic Holmes, plan to travel on decision day to the LBJ Library in Austin for a news conference with fellow plaintiffs and their attorneys at Akin Gump.
“As an FYI of how closely we’re watching everything, we have booked round trip flights to Austin for each day the decision could come out starting with June 15,” Phariss said. “On each of those days, we have risen at 5:30 a.m., fed the dogs and left the house by 6:30 a.m. for Dallas Love Field…We then checked in and sat in the terminal, watching SCOTUSblog to see if there’s a decision. When there hasn’t been, we have left the secured area of the airport and canceled our flight for a refund. We then have headed back to work.”
After the Texas news conference, Phariss said the couple plans to return to Dallas to apply for a marriage license and head to the Cathedral of Hope for a celebration rally. The couple is planning their actual wedding ceremony in November, but may speed things up a bit.
“We don’t want to get married right away because we want a more traditional wedding, but we’re getting a license in case Texas tries to muck things up — like call a special session of the legislature,” Phariss said. “We may then go ahead and have a courthouse wedding.”
Joce Pritchett, one of the plaintiffs in the Mississippi marriage case filed by the Campaign for Southern Equality, said friends are keeping her and her spouse, Carla Webb, updated about developments.
“We’re exhausted,” Pritchett said. “I’m trying not to watch it, but, honestly, we have friends that send us every little email, every little article they see on Facebook, even text message if their mama hears something about the Supreme Court, so it’s hard to avoid it. We were trying to lay low, but it’s just not happening.”
A documentary is underway on the marriage campaign in Mississippi and Pritchett said cameras are in her office every potential decision day just in case to capture her reaction when the decision is handed down. Parties are planned to celebrate the decision in Mississippi where hundreds of people have made reservations, but because the day isn’t firmly known, Pritchett said the time and location aren’t yet decided.
Pritchett and Webb have already wed in Maine and are seeking state recognition of their marriage, but Pritchett said they’ll file back taxes with Mississippi for an additional refund if the Supreme Court renders a favorable decision.
“I’m probably going to cry, the people in the office are probably going to cry,” Pritchett said. “My little girl is at the office with me. She’s been talking about changing the bad laws. When we got our [district court] ruling here in Mississippi that we had won, we danced…She’ll be here with us when we find out about the Supreme Court, and we’ll probably be dancing and crying at the time.”
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JON B.





