Tag: Alaska

Posted on

Alaska Governor Requests En Banc Hearing On Same-Sex Marriage In 9th Circuit Court

Alaska’s Gov. Sean Parnell has requested an en banc review of the recent same-sex marriage ruling from the 9th Circuit Court of Appeals which effectively struck down the state’s ban on marriage equality.

Saying the original 9th Circuit ruling was based on “erroneous circuit precedent.” Gov. Parnell says the citizens of Alaska are “stripped of any ability to vindicate their ‘historic and essential authority to define the marital relation.'”

Gov. Butch Otter of Idaho has filed a similar request with the 9th Circuit for an en banc hearing regarding same-sex marriage.

You can read Parnell’s full brief below:

Posted on

Ninth Circuit Grants Stay In Alaska Same-Sex Marriage Ruling Until Noon Friday

The 9th Circuit Court of Appeals has granted the state of Alaska a stay on a district court’s ruling that the state’s same-sex marriage ban in unconstitutional until Friday, October 17th at noon to allow Alaska an opportunity to seek a stay from the United States Supreme Court.

Should SCOTUS deny the request, the stay dissolves at 12:00 p.m. PDT on October 17, 2014.

Read the ruling here.

Posted on

Federal Judge Rules Alaska’s Same-Sex Marriage Ban unconstitutional

A federal judge has ruled Alaska’s same-sex marriage ban is unconstitutional.

Judge Timothy Burgess wrote in a summary judgment that Alaska’s “refusal to recognize same-sex marriages lawfully entered in other states is unconstitutional as a deprivation of basic due process and equal protection principles under the Fourteenth Amendment of the U.S. Constitution.”

Last week, a three-judge panel of the Ninth Circuit Court of Appeals overturned similar bans in Idaho and Nevada. Alaska, along with Arizona and Montana, fall under the Ninth Circuit’s purview.

Alaska Dispatch News adds officials with the state’s Bureau of Vital Statistics will begin accepting applications for same-sex marriage licenses at 8 AM (12 ET) today.

Gov. Sean Parnell has already issued a statement saying he will appeal:

“As Alaska’s governor, I have a duty to defend and uphold the law and the Alaska Constitution. Although the district court today may have been bound by the recent Ninth Circuit panel opinion, the status of that opinion and the law in general in this area is in flux. I will defend our constitution.”

Posted on

Alaska: Five couples sue the state for the freedom to marry

Five couples filed a lawsuit today in Alaska demanding the freedom to marry. Of the five, four couples are suing to have the state recognize their marriages performed outside the Land of the Midnight Sun, and one is suing for the right to marry.

The Associated Press reports the lawsuit “alleges that Alaska’s ban on same-sex marriage violates their rights to due process and equal protection under the U.S. Constitution.”

It was in 1998 that Alaskans voted to write discrimination into their state constitution and ban marriage equality. The most recent PPP poll showed 47 percent of voters support marriage equality, 46 percent opposed.

Both of Alaska’s Senators, Democrat Mark Begich and Republican Lisa Murkowski, support same-sex marriage.

Only two states in the US remain — North Dakota and Montana – that either do not support the freedom to marry or are not currently in litigation to move toward that end.

(source)

Posted on

Alaska Supreme Court rules state tax law discriminates against same-sex couples

The Alaska Supreme Court ruled today that the state unconstitutionally discriminates against same-sex couples by denying them equal access to a property tax exemption for senior citizens and disabled veterans.

The rules were challenged by the ACLU of Alaska, the American Civil Liberties Union, and Davis Wright Tremaine LLP on behalf of three couples who were denied full access to a $150,000 property tax exemption that Alaska makes available to opposite-sex married couples. Because same-sex couples cannot legally marry in Alaska, the state treated them as roommates rather than as families and let them get the exemption for only half of the value of their homes.

“Families in Alaska deserve better than a second-class system of laws for same-sex couples who are just as committed to each other as heterosexual couples,” said Joshua Decker, executive director of the ACLU of Alaska. “Our senior citizens and veterans should not have to pay more taxes just because they happen to be gay or lesbian.”

The lead plaintiffs, Julie Schmidt, 71, and Gayle Schuh, 66, have been partners for 36 years, and moved to Alaska from Illinois after retiring from careers in education.

“Gayle and I built a home and a life here because we loved what Alaska had to offer,” said Schmidt. “It hurt that the state that we loved so much treated us like strangers. It is gratifying to have our relationship recognized.”

(via ACLU press release)

Posted on

Alaska Sen. Lisa Murkowski pens strong support for marriage equality

Alaska’s Sen. Lisa Murkowski (R) has released a strong, sound and principled statement in support for marriage equality.  This makes her the third sitting GOP Senator to endorse same-sex marriage.

Bravo, Sen. Murkowski!

Excerpt from Sen. Murkowski’s official website:

First, this is a personal liberty issue and has to do with the most important personal decision that any human makes. I believe that, as Americans, our freedoms come from God and not government, and include the rights enumerated in the Declaration of Independence: life, liberty and the pursuit of happiness. What could be more important to the pursuit of happiness than the right to choose your spouse without asking a Washington politician for permission? If there is one belief that unifies most Alaskans – our true north – it is less government and more freedom. We don’t want the government in our pockets or our bedrooms; we certainly don’t need it in our families.

Secondly, civil marriage also touches the foundation of our national culture: safe, healthy families and robust community life. In so many ways, sound families are the foundation of our society. Any efforts or opportunity to expand the civil bonds and rights to anyone that wants to build a stable, happy household should be promoted.

Thirdly, by focusing on civil marriage — but also reserving to religious institutions the right to define marriage as they see fit — this approach respects religious liberty by stopping at the church door. As a Catholic, I see marriage as a valued sacrament that exists exclusively between a man and a woman. Other faiths and belief systems feel differently about this issue – and they have every right to. Churches must be allowed to define marriage and conduct ceremonies according to their rules, but the government should not tell people who they have a right to marry through a civil ceremony.

I encourage you to read the entire statement. Sen. Murkowski, finding common ground through common sense, shares how marriage equality for all is just as much a conservative value as it is an American value.

Sen. Murkowski supported both the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act and the repeal of Don’t Ask, Don’t Tell.

Human Rights Campaign President Chad Griffin released the following statement in response to the news:

“Senator Murkowski’s courageous and principled announcement today sends a clear message that marriage equality must come to all 50 states in this country. As the Supreme Court prepares to rule in two landmark marriage cases this month, a growing bipartisan coalition is standing up for the right of all couples to marry—and there is no turning back that tide.

“We hope other fair-minded conservatives like Senator Murkowski stand up and join her. Alaska may be nicknamed ‘the Last Frontier,’ but we’ve got to make sure that LGBT Alaskans don’t have to wait to find justice.”

Posted on

Alaska Sen. Mark Begich supports marriage equality

Sen. Mark Begich (D-AK) has announced he supports the freedom to marry for same-sex couples just hours after similar announcements from Sen. Mark Warner (D-VA) and Sen. Claire McCaskill (D-MO).

Sen. Begich issued this statement on his support for marriage:

“I believe that same sex couples should be able to marry and should have the same rights, privileges and responsibilities as any other married couple. Government should keep out of individuals’ personal lives—if someone wants to marry someone they love, they should be able to. Alaskans are fed up with government intrusion into our private lives, our daily business, and in the way we manage our resources and economy.”

(via Buzzfeed)

Posted on

Prop 5 rejected by Anchorage voters

With 90 percent of precincts reporting, it appears that 58 percent of Anchorage voters rejected Proposition Five a measure that would have ensured protections for LGBT people.

According to the Anchorage Daily News, the “equal rights ordinance that was far and away the most controversial and emotional component of this spring’s election.”

Apparently, many of the people who voted no on the measure were told that they could register on the same day, which is incorrect (you need to register 30 days prior), so many of those votes could get invalidated.  Stay tuned for a final vote tally.

Read more at Queerty

Posted on

Help the One Anchorage Initiative

The One Anchorage Initiative simply provides to gay and transgender Alaskans the same legal protections that are already provided to other persons in Anchorage in employment, financial practices, housing, and restaurants, department stores and other businesses.

For over 30 years Anchorage Municipal Code, Title 5, Equal Rights, has ensured equality for Alaskans who live, work and shop in Anchorage. It provides legal protections on the basis of race, color, sex, religion, national origin, marital status, age, or physical or mental disability.

Today, most – but not all – hardworking Alaskans are protected from being unfairly fired. For example, no one can be fired from a job solely because they are married or single. It is illegal to refuse to interview a job applicant because the business owner doesn’t like Christians, Jews or Muslims. You can’t be denied service in a restaurant because you’re African-American, Asian, from South America or Alaska Native. You can’t be turned down for a credit card or bank loan because you’re sight or hearing impaired.

However, these legal protections that most of us rely on everyday do NOT protect gay, lesbian, bisexual, or transgender workers. Right now in Anchorage NO STATE OR LOCAL LAWS OF ANY KIND protect people from being unfairly fired or refused an interview because of being gay, transgender or straight.

In Anchorage, a woman can be fired solely because her employer believes she is a lesbian – for reasons having nothing to do with her job performance.

One Anchorage believes – as did the founders of the Municipality of Anchorage – that fair and equal treatment for ALL by our city’s laws is the best policy.

Find out how you can help at OneAnchorage.com