Ed Watson and Derence Kernek

A heartbreaking story out of California tonight.

Last March, we posted this article about Derence Kernek and Ed Watson, who recorded a video for California’s 9th Circuit Court, requesting that they allow Judge Walker’s decision to overturn Prop 8 to stand. This request was because Watson had recently been diagnosed with Alzheimer’s and they wanted to be married while he still had memories of their 40 years together.

On August 4th, 2010, Judge Vaughn Walker ruled that Proposition 8 was unconstitutional as it denied gays and lesbians due process and equal protection under the law. As Walker had not disclosed that he was gay and in a relationship at the time, Prop 8 supporters filed a motion to dismiss his decision as he would stand to benefit from it. Of course their argument fails to recognize that according to their anti-gay claims – any heterosexual judge would stand to benefit from a decision in their favor.

That argument failed in a lower court and today’s hearings before the 9th circuit were in regards to the anti-gay side’s appeal of that decision.

Last night, on the eve of these arguments, Ed passed away due to complications from his quickly-advancing Alzheimer’s and Diabetes. They were never married.

On top of that, because of the inequality in the law, and the couple’s inability to marry, Watson had been denied coverage under Kernek’s retirement plan (as any heterosexual couple would be entitled to). This caused incredible financial hardships.

Kernek could not be reached for comment as their phone had been disconnected.

Please watch the video that this couple put together urging for marriage equality in California