By Hilary White
ANCHORAGE, November 4, 2005 (LifeSiteNews.com) – The Alaska Supreme Court ruled unanimously Friday that a ban on benefits for homosexual partners violates Alaska Constitution’s equal protection clause.
The case began in 1999, when voters in the Municipality of Anchorage passed a constitutional amendment blocking state recognition of gay marriage. A suit was filed at the time, which was dismissed in 2001. In that ruling Judge Stephanie Joannides said the state and city did not have to extend benefits to same-sex couples, equating them with unmarried heterosexual couples who also are not eligible.
Friday’s ruling came after a group of nine homosexual activists, in conjunction with the Alaska American Civil Liberties Union appealed the 2001 decision to the higher court.
Anchorage city attorney Fred Boness said city officials would not appeal the court’s decision.
Alaskan Governor Frank Murkowski, however, said he was “outraged” at the brazen act of judicial activism and has vowed that he will push for an amendment to the state’s constitution to stop the change in law.
State Sen. Fred Dyson (R- Eagle River) said he will introduce the legislation to amend the constitution.
“This ruling reveals how out of touch some of our courts are with the people of Alaska,” Dyson said.
“Similar lawsuits have challenged ‘Defense of Marriage Acts’ in other states,” said Dyson. “The people in those states have quickly passed additional constitutional language amendments to make it clear that the courts may not confer benefits that the people, through their elected officials, do not intend to confer.”
“We are putting together constitutional amendment language similar to that of Virginia and Ohio and plan to have it ready for the legislature’s consideration by the beginning of the legislative session in early January.”
See the complete ruling including the names of the Appellants and the Justices involved in the case
https://www.state.ak.us/courts/ops/sp-5950.pdf