Alaska

Marriage Amendment 

To be valid or recognized in this State, a marriage may exist only between one man and one woman.
1998 SJR 42 (Alaska Constitution, Article I, Section 25)

Statutes

Same-sex marriages.

(a) A marriage entered into by persons of the same sex, either under common law or under statute, that is recognized by another state or foreign jurisdiction is void in this state, and contractual rights granted by virtue of the marriage, including its termination, are unenforceable in this state.
(b) A same-sex relationship may not be recognized by the state as being entitled to the benefits of marriage.
Alaska Stat. § 25.05.013

ACLU v. Alaska
Supreme Court Case No. S-10459 (Ak.)

In this case, plaintiffs are attempting to convince the Alaska courts to interpret the state constitution to require that employment benefits provided to spouses of public employees be made available to same-sex partners of public employees. In order to do so, the court must accept plaintiffs’ claim that the constitutional amendment defining marriage, which was adopted in November 1998 applies only to the status of marriage and not to its benefits.

This case was decided on November 16, 2001. The Court rejected arguments suggesting that the Alaska Constitution required the extension of marital benefits to same-sex couples while explicitly denying marital status.

Current Status
The case is currently pending on appeal before the Alaska Supreme Court.

Case Files

Trial Court

Cite as: ACLU v. Anchorage (Alaska Superior Ct., )
Ak. Super. Ct. No. 3AN-99-11179 CIV (decided Nov. 16, 2001)

Supreme Court

Brief of Appellants (ACLU) (2.1mb)
Appellee Brief (State of Alaska) (3.77mb)
Appellee Brief (Anchorage) (2.07mb)
Reply Brief (ACLU) (1.65mb)

Alaska Catholic Conference Amicus (583kb)
North Star Civil Rights Defense Fund Amicus (1.04mb)

Brause v. Bureau of Vital Statistics
No. 3 AN-95-6562, 1998 WL 88743 (Alaska Superior Ct., Feb. 27, 1998)

Brause is the only case prior to Anderson v. King County (WA) to rule that there is a fundamental right to same-sex marriage.  The court ruled that Alaska's marriage laws violated the right to privacy, the fundamental right to marry, and constituted sex discrimination.  The decision was overruled by a constitutional amendment, Alaska Const., Art. I, Section 23 (1998).

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