ALASKA: State Supreme Court Saves Same-Sex DP Benefits

The Alaska Supreme Court issued a ruling on Friday in ACLU v. State of Alaska which overturns a lower court decision which said it was legal for the City of Anchorage to bar same-sex domestic partner benefits to public employees. Further, the Court said that it was unconstitutional to not provide benefits to the same-sex partners of public employees if these benefits were being applied to married opposite-sex couples. The money quote from the majority opinion is:

"Essentially all opposite-sex adult couples
may marry and thus become eligible for
these benefits. But no same-sex couple
can ever become eligible for these benefits
because same-sex couples may not marry
in Alaska. The spousal limitations in the benefits
programs therefore affect public
employees with same-sex domestic
partners differently than public
employees who are married."

[...]

"We conclude that the public employers'
spousal limitations violate the Alaska
Constitution's equal protection clause."

The court re-affirms that same-sex marriage is not legal in the state of Alaska (the only state in the Union that has ended sex discrimination in marriage to date is Massachusetts) but that Government has a responsibility to treat similarly situated couples equally, and it evaluates registered same-sex domestic partners and married opposite sex couples as such.