This 2012 photo provided by Chris Shelden shows Matt Hamby, left, and his husband, Shelden, right, at Ruth Glacier in Denali National Park, Alaska. The couple from Anchorage, Alaska, married in Canada and renewed their vows last year when same-sex marriage was briefly allowed in Utah. On Monday, they joined four other same-sex couples in suing the state of Alaska in federal court, arguing the state's constitutional ban on same-sex marriage violates their rights to due process and equal protection under the U.S. Constitution. (AP Photo/Courtesy Chris Shelden)

This 2012 photo provided by Chris Shelden shows Matt Hamby, left, and his husband, Shelden, right, at Ruth Glacier in Denali National Park, Alaska. The couple from Anchorage, Alaska, married in Canada and renewed their vows last year when same-sex marriage was briefly allowed in Utah. On Monday, they joined four other same-sex couples in suing the state of Alaska in federal court, arguing the state's constitutional ban on same-sex marriage violates their rights to due process and equal protection under the U.S. Constitution. (AP Photo/Courtesy Chris Shelden)

AK Supreme Court considers benefits for same-sex partners

  • Thursday, May 15, 2014 10:14pm
  • News

ANCHORAGE, Alaska (AP) — The Alaska Supreme Court is considering whether the partner of a woman killed in 2011 is entitled to survivor benefits from the woman’s employer, given the state’s constitutional ban on same-sex marriage.

State law allows for widows or widowers to receive survivor benefits if their husband or wife dies in a work-related injury; children are also eligible but if there are no children and is no surviving spouse, benefits can go to other specified family members. Same-sex couples do not receive such benefits because they are not allowed to marry in the state.

The high court heard oral arguments Tuesday.

Deborah Harris’ long-term partner Kerry Fadely was shot to death at the Millennium Hotel in Anchorage. Lamda Legal staff attorney Peter Renn, who represented Harris, told The Associated Press on Wednesday that Harris had to move out of the couple’s home shortly after Fadely’s death because she couldn’t afford to make the rental payments on her own.

“Tragedy doesn’t discriminate, and neither should the state,” he said. The state declined to intervene in the case, he added.

Attorney Donald Thomas, who argued on behalf of the Millennium Hotel, which did not provide Harris with survivor benefits, said the Alaska constitution’s ban on same-sex marriage implicitly denies any person who is not validly married the rights and benefits of marriage.

Renn called it discriminatory. While the case does not directly challenge the same-sex marriage ban, the court could take up that issue, Renn said.

“We’ve given the court an option of menus. It could take a smaller bite and decide only the death benefits issue that is raised here for Ms. Harris.

But it could also decide to take a somewhat broader step and declare the marriage amendment itself unconstitutional,” he said.

This is the third case before the high court related to benefits for gay couples. I

n 2005, and again earlier this year, the court ruled that same-sex couples should not be discriminated against. Renn said there is strong precedent for a decision in Harris’ favor.

More in News

A promotional graphic for Zach’s Fight (Facebook)
Zach’s Fight fundraiser to benefit Kenai athlete during Tuesday basketball

A fundraiser will be held for a sophomore diagnosed with leukemia.

The deadline for the Alaska Permanent Fund Dividend, which comes from the fund managed by the Alaska Permanent Fund Corporation, is coming up fast, landing on March 31, 2023. (Michael S. Lockett / Juneau Empire)
2023 PFD filing available, ends March 31

Applications can be filed online through myAlaska, or by visiting pfd.alaska.gov

Seward Middle School students ride the chair lift at Alyeska Resort in Girdwood, Alaska, on Jan. 26, 2023. (Photo courtesy Myla Lijemark)
Hitting the slopes

Seward Middle School students get outside and onto the side of a mountain

Kachemak Emergency Services logo.
Lawsuit: Borough retaliated against harassment complaint

The suit says the borough violated the “covenant of good faith and fair dealing” and caused “severe emotional distress”

Flowers bloom at Soldotna City Hall on Wednesday, June 24, 2021, in Soldotna, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Soldotna OKs bumps to city water, sewer rates

The changes are effective July 1

Triumvirate Theatre President Joe Rizzo testifies before the Kenai Planning & Zoning Commission on Wednesday, Jan. 25, 2023, in Kenai, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Kenai OKs permit for new Triumvirate playhouse

The playhouse design describes a $4.7 million facility that is two stories with an audience capacity of 150 people

Kenai City Council member Alex Douthit testifies in support of legislation allowing chickens on some city lots during a meeting of the Kenai Planning & Zoning Commission on Wednesday, Jan. 25, 2023, in Kenai, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Kenai planning group gives conditional thumbs-up to chicken ordinance

The legislation would allow Kenai residents to keep up to 12 chicken hens on certain lots

Most Read