Hundreds of people gather outside the Supreme Court building in Washington on June 26, 2013 in anticipation of it gay marriage rulings. {Mladen Antonov/AFP/Getty Images)

A federal judge on Monday recognized the out-of-state marriage of a gay Ohio couple, granting a temporary restraining order as one of the men nears death.

Ohio has a constitutional amendment banning gay marriage; James Obergefell and John Arthur have been together for two decades and got married earlier this month in Maryland because Arthur has Lou Gehrig's disease, and is expected to die within weeks.