Facts

Fred McQuire and George Martinez were married in California within the last year, but had lived together for several years in Green Valley, Ariz., until Martinez died in August 2014. The couple, along with 19 other individuals, filed a suit against Arizona officials in relation to Arizona's constitutional and statutory provisions, which prohibit same-sex marriage within the state and ban it from recognizing same-sex marriages that are valid under the laws of other states.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that the challenged provisions of Arizona law unlawfully disallowed them equal protection of the laws according to the Fourteenth Amendment, as well a substantive due process under the Fourteenth Amendment. Plaintiff McQuire sought a temporary restraining order shortly after Martinez's death, according to which defendants would have to recognize the validity of their California marriage. The order would also require defendants Will Humble to create and issue a death certificate as to Martinez that shows that he was married to McQuire at the time of his death. Humble would also have to issue directives to health departments, funeral homes, doctors, medical examiners and others involved in the death certificate process to comply with the requirement to show that the couple was married when Martinez died. McQuire alleged he would suffer a loss of dignity, financial benefits and violations of constitutional rights, in the event that a temporary restraining order is not granted.

DEFENDANT'S CONTENTIONS:
As to the TRO, the defendants argued that McQuire could not show a cognizable, irremediable harm that warranted the extraordinary relief of a temporary restraining order. As to the underlying claims, the defendants denied that any constitutional violations occurred, and claimed that a state does not violate the constitution by denying same-sex marriage. Also, they argued that Arizona's marriage laws do not discriminate based on sexual orientation or intend to discriminate against same-sex couples, because the laws are based on biological differences showing society's interest in the capacity to create children.

Result

The court granted McQuire's motion for a temporary restraining order, holding that as to McQuire only, defendants were temporarily restrained from enforcing Arizona laws against the recognition of his marriage to Martinez. In addition, Humble was required to prepare, issue and accept a death certificate for Martinez recording his marital status as "married" and that his surviving spouse is McQuire.