Before 2011, when his partner of 21 years, John Arthur, was diagnosed with the disease, Jim Obergefell knew very little about ALS. Living in Ohio, they connected with the Central & Southern Ohio Chapter of The ALS Association, and received critically-needed services and support. Jim and John were married in 2013, and their quest for spousal rights would change the lives of LGBTQ+ people all across the nation.
Jim Obergefell first met John Arthur in Cincinnati, Ohio through a mutual friend. After they met for the third time at John’s New Year’s Eve party, they became inseparable and loving partners for over two decades.
The first time Jim noticed something was wrong with John was in 2012. After several months of testing and visits, John received his ALS diagnosis.
“As John was walking around our home, I would hear one foot hit the floor harder than the other. He first thought it was a pulled muscle, but after it did not go away, I urged John to see a doctor.” – Jim Obergefell
As John’s symptoms from ALS progressed, he thought ahead about the necessary changes to make his life and Jim’s easier, including moving to a new house, only in Jim’s name as the owner, without stairs. Both Jim and John worked together to ensure they could continue to live their lives as normally as possible while keeping John safe and comfortable amidst the challenges of ALS.
Throughout the course of John’s battle with ALS, Jim, with deep love for John, served as his primary caregiver, prioritizing John’s health and happiness.
Then, on June 26, 2013, Jim and John watched on television as they announced that the Supreme Court had struck down the Defense of Marriage Act with their decision in United States v. Windsor. Overjoyed by the news, Jim hugged and kissed John, happily telling him, “Let’s get married.”
At the time, John’s progression from the disease meant that he no longer had the ability to walk, could only move his right hand, and had great difficulty speaking. Since Ohio did not allow for persons of the same sex to marry, Jim had to find a state that would, while also not requiring both Jim and John to appear in person to apply for the marriage license. It was decided that the state was Maryland and that they would have to fly there on a special medical transport airplane. The cost of this was exorbitant – over $20,000.
With the help and support of friends and family, the two were able to get a chartered medical jet and fly John there safely. The two were married on July 11, 2013 on the tarmac of the airport.
Five days after Jim and John were married, they were connected with Civil Rights Attorney Alphonse (Al) Gerhardstein. Al explained to them that the state of Ohio would not recognize their marriage, and showed them how that would impact John’s death certificate.
“A death certificate is an official document issued by the government, which declares important facts and other personal information about the deceased. When John died, his death certificate would list his marital status as ‘unmarried,’ and ‘Surviving Spouse’ would be blank.” – Al Gerhardstein, civil rights attorney
Al stated that he thought they had a strong legal case, as the state of Ohio had a long tradition of accepting legal marriages from other states. In addition, the city of Cincinnati had previously passed a human right ordinance which prohibited discrimination on the basis of sexual orientation. He then asked Jim and John if they wanted to try and do something about it.
“Yes, we do.” – John Arthur
With Al’s help, John and Jim filed a lawsuit against the state of Ohio and the city of Cincinnati demanding they recognize their marriage on John’s death certificate at the time of death.
They won their lawsuit against the state of Ohio in July 2013. Just three months later, on October 22, 2013, John died of ALS. Jim often shares that it was a great comfort to John that, when he died, he knew he was a married man.
After John’s death, the state of Ohio appealed the district court ruling, and it was overturned. This meant the state would not have to acknowledge out-of-state lawful marriages for same-sex couples. Jim had the opportunity to fight for their marriage and submit an appeal to the Supreme Court, along with the marriages of the more than 30 other plaintiffs in Michigan, Ohio, Kentucky, and Tennessee.
The civil rights case was named “Obergefell v. Hodges,” with Jim’s last name to serve as the lead plaintiff for all of the families. The “Hodges” in the case was Richard Hodges, the director of the Ohio Department of Health at the time. On June 26, 2015, the U.S. Supreme Court made a landmark decision on marriage equality, ruling that the Constitution guaranteed a right to same-sex marriage in all 50 states.
“No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.” – Supreme Court Justice Anthony Kennedy, writing for the majority, 5-4
Since then, Jim has and continues to live in his hometown of Sandusky, Ohio, and dedicates his time to many different projects, including his work with the inception and launch of the John Arthur Flats, the first LGBTQ+ affirming 55+ senior affordable housing development in Cincinnati, Ohio. The new community helps meet the demand for inclusive, affordable housing in the region, where the National Low Income Housing Coalition reports only 43 available rental homes for every 100 low-income renters in Ohio. Studies also show that LGBTQ+ seniors experience higher rates of housing discrimination and poverty, making them especially at risk of housing vulnerability. Residents will also enjoy ample on-site community amenities and will have access to robust on-site supportive services, including social programming, community events, and medical care.
Jim has also since-founded Equality Vines, the world’s first cause-focused wine portfolio dedicated to equality for all people, located in Guerneville, California. Every bottle of wine not only tells a story, but also supports organizations dedicated to the ideals of “We the People” and “Equal Justice Under Law”. A percentage of all proceeds from the sales of Equality Vines are donated or directed to community partners across a range of diversity, human rights, and social justice causes and organizations.
“There are many challenges that people with ALS and their loved ones face on a daily basis. It is remarkable what people like Jim do to give back to others facing the disease.” – Daniel Potapshyn, ALS Network support group facilitator and former care manager
Jim remains a passionate ALS advocate and has been very supportive of the many care programs and services provided to everyone in the ALS community by the ALS Network. These include professional care management services, Certified ALS Centers and Clinics, durable medical and communication equipment loan programs, educational programs and webinars, and many diverse connection groups.
“Without ALS coming into our lives, our case would’ve never happened, and I would’ve never become what I am now, a civil rights activist.” – Jim Obergefell
The ALS Network celebrates Jim for his many efforts as a civil rights activist. We are forever grateful for his efforts as an ALS advocate and his ongoing support of our ALS community.
Anyone touched by ALS can help advance the search for effective treatments and cures. Sharing your experiences, whether you’re a person living with ALS, a family member, a friend, or interested in supporting our cause, is a powerful way to raise awareness and generate funds in support of our ALS community. We hope that you will consider becoming an ALS advocate today.