A federal lawsuit filed in Cincinnati by two Ohio men, allege that the state violates the U.S Constitution by denying same-sex couples married in other states legal recognition.

James Obergefell and John Arthur of Cincinnati were married in Maryland, which recognizes gay marriages.

John is bedridden with ALS and doctors say he isn't expected to live much longer. This week both men chartered a plane to fly them from Ohio to Baltimore to preform a marriage ceremony. They want the Buckeye State to recognize their marriage so Obergefell can be listed as Arthur's surviving spouse on his death certificate.

The men want the court to rule Ohio's law and constitution violate their rights including equal protection.

The lawsuit has been filed against Ohio's governor, attorney general and the Cincinnati health department registrar who files death certificates. A hearing will be held on Monday.

Petitions have been circulating around the state in an effort to overturn Ohio's 2004 ban on same-sex marriage.