Skip to main content

Questions, answers about Arizona gay marriage case

JACQUES BILLEAUD
Associated Press

PHOENIX (AP) — U.S. District Judge John Sedwick quickly handed a victory Friday to a gay man who lost his spouse to cancer last month and was denied death benefits because Arizona does not recognize same-sex marriage. Sedwick said that Fred McQuire should be granted his request to have his name listed on his husband George Martinez’s death certificate. Here are questions and answers about the ruling:

WHAT WAS AT ISSUE IN FRIDAY’S HEARING?

McQuire of Green Valley, Arizona, was barred by his home state from listing himself as a spouse on his husband’s death certificate because his same-sex marriage with Martinez in California isn’t recognized in Arizona. That has placed McQuire in limbo, unable to receive any death benefits from the federal government and putting on hold plans to cremate the body.

WHAT DID THE JUDGE RULE?

Sedwick ruled that McQuire demonstrated that he faced irreparable harm on the basis of the loss of his dignity and status while he was the midst of his grief. Sedwick allowed McQuire to be listed as Martinez’s spouse on the death certificate. Without ruling on the larger issues of whether Arizona’s ban on gay marriage is unconstitutional, the judge said the state’s argument that its marriage laws don’t discriminate on the basis of sexual orientation lacks merit, pointing out the reason same-sex couples don’t marry is because of their sexual orientation.

Sedwick sided with the state, however, in ruling that McQuire hadn’t shown irreparable harm based on the financial consequences of not having his marriage recognized in Arizona, ruling that McQuire will not be able to succeed in getting Social Security and Veterans Affairs benefits.

WILL THE RULING HAVE BROADER IMPLICATIONS?

The ruling Friday was narrowly focused on the question of whether McQuire can obtain death benefits. But Ohio has a similar ongoing case: Two gay men whose spouses were dying sued to win the right to be listed as the surviving spouses on their husbands’ death certificates and for their spouses to be listed as having been married.

IS THIS CASE PART OF A LARGER EFFORT TO OVERTURN ARIZONA’S BAN ON GAY MARRIAGE?

Yes. The request from McQuire and Martinez was made as part of a lawsuit in which 19 people are challenging Arizona’s ban on same-sex marriages. The lawsuit alleges that the ban violates the equal-protection and due-process guarantees in the U.S. Constitution. But the federal court hearing Friday was limited to only McQuire’s requests. Still, Sedwick wrote that the state’s argument that its marriage laws don’t discriminate on the basis of sexual orientation lacks merit. Sedwick is also hearing the broader challenge to the constitutionality of Arizona’s ban.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
Read Next Story