PHOENIX - A gay couple from southern Arizona wants a federal judge to immediately order the state to recognize their marriage because one of the men is terminally ill.
Lawyers for George Martinez and Fred McQuire of Green Valley say the order is needed so McQuire can be recognized as Martinez's survivor when he dies. That will allow him to take care of his affairs and collect larger Veterans Affairs and other benefits.
The men have been a couple for 45 years and were married in California last month after Martinez was diagnosed with pancreatic cancer.
The men are parties to a lawsuit filed in March by a group of gay and lesbian couples who argue Arizona's ban on gay marriage is unconstitutional. It is one of two suits challenging the ban.