PHOENIX (AP) — A federal judge has handed a victory 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.

U.S. District Judge John Sedwick quickly issued an order granting Fred McQuire’s request to be listed on George Martinez’s death certificate as the surviving spouse.

McQuire hoped that would qualify him for the federal benefits, but the judge said that other unrelated federal regulations mean McQuire will not get the benefits.

McQuire and Martinez were partners for 45 years when they got married in California this summer, fulfilling one of their final wishes as they both dealt with serious health issues. Martinez died in late August.

Sedwick is also hearing a broader challenge to the constitutionality of Arizona’s ban on gay marriage.

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