John Arthur died in October a married man.
But the state of Ohio this week has filed a notice of appeal to a federal ruling that resulted in Arthur's death certificate recognizing that he was married to Jim Obergefell.
The couple went to great lengths to get married in July because Arthur was dying from ALS, also known as Lou Gehrig's disease.
They were forced to raise $12,700 to charter a private plane and get married in Maryland where same-sex marriage is legal. Their seven-minute ceremony took place on an airport tarmac.