Couples challenge Alaska same-sex marriage ban

  • Monday, May 12, 2014 11:22pm
  • News

JUNEAU (AP) — Five gay couples filed a lawsuit Monday challenging Alaska’s ban on same-sex marriage as unconstitutional.

The Alaska lawsuit, filed in federal court in Anchorage, lists as plaintiffs four couples who were married outside Alaska and one unmarried couple. It alleges that Alaska’s ban on same-sex marriage violates their rights to due process and equal protection under the U.S. Constitution.

The lawsuit seeks to bar enforcement of Alaska’s constitutional ban on same-sex marriage. It also calls for barring enforcement of any state laws that refuse to recognize gay marriages legally performed in other states or countries or that prevent unmarried gay couples from marrying.

Alaska voters in 1998 approved a state constitutional amendment defining marriage as being between one man and one woman. But in the past year, the U.S. Supreme Court has struck down a provision of the federal Defense of Marriage Act that prevented legally married same-sex couples from receiving a range of federal benefits. Federal courts also have struck down state constitutional bans in a number of states, though appeals were pending in a number of cases. States such as Illinois and Hawaii legalized same-sex marriage.

An attorney for the couples, Caitlin Shortell, said lawsuits have been filed in almost every state with bans on same-sex marriage. A lawsuit in Alaska was seen by those involved as “necessary and important,” Shortell said.

Another attorney, Heather Gardner, said in a statement that under current state law, “a couple who marries in Seattle and returns home to Alaska are married in the eyes of the law when their plane lifts off from SeaTac (airport) but are legal strangers when the flight touches down in Alaska. No Alaskan is a second-class citizen.”

The plaintiffs are Matthew Hamby and Christopher Shelden; Christina LaBorde and Susan Tow; Sean Egan and David Robinson; Tracey Wiese and Katrina Cortez; and Courtney Lamb and Stephanie Pearson. Lamb and Pearson are unmarried.

Hamby, in a statement, said he and his husband — who, according to the lawsuit were married in Canada in 2008 and renewed their vows in Utah last year — are taking a stand “because marriage should be available to all loving couples. It’s important to us that our family is recognized by the State of Alaska and that we have the same rights and privileges as others.”

Defendants include Gov. Sean Parnell and Attorney General Michael Geraghty, who earlier this year told The Associated Press he would continue to defend the state’s constitutional ban on same-sex marriage, even as federal courts around the country strike down similar bans.

The Alaska lawsuit was filed three days after a county circuit judge in Arkansas late Friday tossed out the 2004 constitutional amendment banning same-sex marriage, along with a 1997 state law. That state’s attorney general filed paperwork Monday to at least temporarily preserve the ban.

Geraghty said he would not make his decisions based on federal district court decisions that still must be reviewed by appellate courts and perhaps the U.S. Supreme Court, which he expects will ultimately weigh in on the issue.

“Would everybody vote the same way today? Who knows? But it’s on the books,” Geraghty told the AP in February. He added: “Eventually, as I said, one day there will be guidance. I’m sure one day there will be a decision one way or the other. And when that happens, obviously we will comply with the decision.”

A Parnell spokeswoman said by email late Friday afternoon that the governor’s office had not been served with the lawsuit and the Department of Law would need time to review any it.

A proposal to strike the same-sex marriage ban from Alaska’s constitution, introduced by Senate Minority Leader Hollis French, D-Anchorage, during the last legislative session, went nowhere. Republicans control both the Alaska House and Senate.

More in News

Signs direct voters at the Kenai No. 3 precinct on Tuesday, Oct. 5, 2021. (Camille Botello/Peninsula Clarion file)
Signs direct voters at the Kenai No. 3 precinct for Election Day on Tuesday, Oct. 5, 2021. (Camille Botello/Peninsula Clarion)
Local candidates report support from state PACs

Labor unions and the National Education Association are among the groups putting money into Kenai Peninsula state election races

Signs and examples on the recycling super sack at the Cook Inletkeeper Community Action Studio show which plastics are desired as part of the project in Soldotna, Alaska, on Aug. 11, 2022. Plastics from types 1, 2, 4 and 5 can be deposited.(Jake Dye/Peninsula Clarion)
Local nonprofit accepting plastics for synthetic lumber project

The super sack receptacles can be found on either side of Soldotna

This July 28, 2022, photo shows drag queen Dela Rosa performing in a mock election at Cafecito Bonito in Anchorage, Alaska, where people ranked the performances by drag performers. Several organizations are using different methods to teach Alaskans about ranked choice voting, which will be used in the upcoming special U.S. House election. (AP Photo/Mark Thiessen)
Groups get creative to help Alaska voters with ranked voting

Organizations have gotten creative in trying to help voters understand how to cast their ballot, as the mock election featuring drag performers shows

A school bus outside of Kenai Central High School advertises driver positions on Wednesday, Aug. 10, 2022, in Kenai, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Staff shortage, gas prices change school bus routes

The changes do not apply to the district’s special education students

The cast of “Tarzan” rides the Triumvirate Theatre float during the Independence Day parade in downtown Kenai, Alaska on Monday, July 4, 2022. (Camille Botello/Peninsula Clarion)
The show goes on as Triumvirate seeks funding for new theater

The troupe has staged shows and events and is looking to debut a documentary as it raise funds for new playhouse

Aaron Surma, the executive director for National Alliance on Mental Illness Juneau and the Juneau Suicide Prevention Coalition, leads a safety plan workshop Tuesday night hosted by NAMI and the Juneau Suicide Prevention Coalition. The workshop was a collaborative brainstorming session with Juneau residents about how to create a safety plan that people can use to help someone who is experiencing a mental health or suicide crisis. (Clarise Larson / Juneau Empire)
Study shows a rise in anxiety and depression among children in Alaska

Increase may indicate growing openness to discussing mental health, according to experts

Alaska Lieutenant Governor Kevin Meyer addresses election information and misinformation during a press conference on Wednesday, Aug. 10, 2022. (Screenshot)
With a week to go, officials work to clear up election confusion

Officials provided updated ballot statistics, fielded questions from reporters and clarified misconceptions about the current election cycle

COVID-19. (Image courtesy CDC)
State reports 21 new COVID deaths; cases down from last week

20 of the reported deaths took place from May to July

A closeup of one of the marijuana plants at Greatland Ganja in Kasilof, Alaska, as seen on March 19, 2019. (Photo by Brian Mazurek/Peninsula Clarion)
Assembly streamlines process for marijuana establishment license applications

License applications will now go straight to the Kenai Peninsula Borough Assembly for consideration

Most Read