Federal Court Strikes Down Ban on Same-Sex Marriage in Alaska

“... The Court finds that Alaska’s ban on same-sex marriage and 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...

Alaska’s laws prohibiting same-sex marriage “usurp, disregard, and disrespect” the fundamental right of all homosexuals to choose who to marry; a right of liberty, privacy, and association freely given to heterosexuals...

...The basic principle is that “fundamental rights may not be submitted to vote; they depend on the outcome of no elections.”...

...There is no sensible reason to deny same-sex families the same advantages and benefits already given to opposite-sex couples.

In sum, any relationship between Alaska’s same-sex marriage laws and the government interests asserted by Defendants is either nonexistent or purely speculative. Alaska’s same-sex marriage laws are a prime example of how “the varying treatment of different groups or persons is so unrelated to the achievement of any combination of legitimate purposes that we can only conclude that the legislature’s actions were irrational.” Refusing the rights and responsibilities afforded by legal marriage sends the public a government-sponsored message that same-sex couples and their familial relationships do not warrant the status, benefits, and dignity given to couples of the opposite sex. This Court finds that Alaska’s same-sex marriage laws violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment because no state interest provides “exceedingly persuasive justification” for the significant infringement of rights that they inflict upon homosexual individuals.

CONCLUSION

With this ruling, the Court hereby DECLARES that Alaska’s same-sex marriage laws are unconstitutional for violating the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. The Court IMMEDIATELY ENJOINS the state of Alaska, including state officers, personnel, agents, government divisions, and other political entities, from enforcing Alaska Constitution Article 1,
Section 25 and Alaska Statute Sections 25.05.011 and 25.05.013 to the extent that the laws prohibit otherwise qualified same-sex couples from marriage and refusing to recognize lawful same-sex marriages entered in other states. IT IS SO ORDERED."

Judge Timothy M. Burgess, U.S. District Court, District of Alaska, October 12, 2014.

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