Tag Archives: Same-sex Partners

Alaska’s Same-Sex Marriage Battle – ‘Citizens, Not The Courts Should Decide Whether Marriage Definition Includes Same-sex Couples’

Court papers filed Friday in Alaska, say Citizens, not the courts, should decide whether the definition of marriage includes same-sex couples.

The state is defending in federal court an amendment to Alaska’s constitution that bans gay marriage. In May, five same-sex couples – four married outside of Alaska and one unmarried couple – sued to overturn the ban approved by voters in 1998, saying it violates their rights to due process and equal protection under the U.S. Constitution.

In a filing Friday, attorneys for the state said citizens have a fundamental right to decide whether to make changes to important institutions through the democratic process.

“The State of Alaska does not dispute that the residents of individual states have the right to change their marriage laws. … However, the State urges that residents of Alaska possess the same fundamental right to retain the traditional definition of marriage. This basic premise of democratic government should not be usurped by the judiciary absent compelling circumstances which the State respectfully urges are not present in this case.”

The attorneys said that allowing Alaska residents to decide whether to keep the traditional definition of marriage, of being between one man and one woman, “serves the important governmental interests of supporting the democratic form of government.”

The attorneys said there is no fundamental right to same-sex marriage under the due-process clause of the U.S. Constitution. The state also argues that Alaska laws prohibiting recognition of same-sex marriages from other states or countries do not violate the plaintiffs’ constitutional rights.

The state said recent court decisions across the country in support of gay marriage don’t point to a foregone conclusion in this case but to intervention by some courts into a law-making process that should be reserved for the people.

Oral arguments in the case have been set for next month.

Alaska Unanimously Rules that Same-sex Partners of Workers Killed on the Job Must Receive compensation

The Alaska Supreme Court has unanimously ruled that same-sex partners of workers killed on the job should have access to compensation under Alaska law.

In the lawsuit filed by Lambda Legal, Deborah Harris sought compensation for the work-related death of her partner Kerry Fadely. Kerry was tragically killed in 2011 when a disgruntled former employee shot and killed her.

Though workers’ compensation is usually paid by insurance companies, Alaska law requires employers to provide survivor benefits to the spouse of a person who is killed from a work-related injury.

Same-sex couples were unable to access survivor protections prior to this ruling because Alaska does not recognise same-sex marriages.

In a statement – Peter Renn, Lambda Legal Staff Attorney said

“This is a wonderful ruling for same-sex couples in Alaska who have built lives and raised families together but were at risk because they were barred access to a critical safety net created specifically to catch families at moments of crisis.

Like the avalanche of decisions we’re seeing from every corner of this country, the court recognized that loving, committed same-sex couples should have equal access to the law’s protection.”