PHOENIX (AP) -- A gay man from southern Arizona wants a federal judge to immediately order the state to recognize his marriage because his husband has died.
Lawyers for Fred McQuire of Green Valley say the order they requested Tuesday is needed so McQuire can be recognized as George Martinez's survivor. That will allow him to take care of Martinez's affairs and collect larger Veterans Affairs and other benefits.
The men have been a couple for 45 years and were married in California in July after Martinez was diagnosed with pancreatic cancer. Martinez died last week.
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.
© 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.