56 F. Supp. 3d 1056
D. Alaska2014Background
- Plaintiffs are five Alaska-based same-sex couples seeking recognition of their marriages or the right to marry in Alaska.
- Alaska Constitution Article 1, §25 and Alaska Statutes §25.05.011 and §25.05.013 ban same-sex marriage and refuse recognition of out-of-state same-sex marriages.
- Plaintiffs sue Defendants in official capacities under 42 U.S.C. §1983 for violations of due process and equal protection.
- Court granted summary judgment for Plaintiffs, finding Alaska’s bans unconstitutional under the Fourteenth Amendment.
- Issue before the court is whether Alaska’s bans deprive individuals of liberty and equal protection by denying marriage rights and recognition to same-sex couples.
- Court enjoins Alaska to refrain from enforcing these provisions to the extent they prohibit or fail to recognize same-sex marriages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Alaska’s ban on same-sex marriage violate due process? | Plaintiffs contend same-sex marriage is a fundamental right. | Defendants argue the right to marriage is traditional and heterosexual. | Yes; same-sex marriage is encompassed by the fundamental right to marry. |
| Does Alaska’s refusal to recognize out-of-state same-sex marriages violate due process? | Out-of-state marriages must be recognized to protect liberty. | Recognition is not required if it conflicts with state policy. | Yes; recognition of valid out-of-state same-sex marriages violates due process. |
| Do Alaska’s laws violate equal protection under heightened scrutiny for sexual orientation? | Laws discriminate on sexual orientation and lack substantial justification. | Policy interest in traditional definition of marriage and democratic process. | Yes; laws fail heightened scrutiny and are unconstitutional. |
Key Cases Cited
- Loving v. Virginia, 388 U.S. 1 (1967) (right to marry is fundamental and protected against state interference)
- Lawrence v. Texas, 539 U.S. 558 (2003) (personal decisions relating to marriage protected by liberty)
- United States v. Windsor, 133 S. Ct. 2675 (2013) (federal DOMA struck down; stigma and inequality in marriage)
- Latta v. Otter, 771 F.3d 456 (2014) (heightened scrutiny applied to sexual orientation discrimination in same-sex marriage bans)
- Baskin v. Bogan, 766 F.3d 648 (2014) (tradition cannot justify discrimination; equal protection concerns)
- Windsor v. United States, 133 S. Ct. 2675 (2013) (definition of marriage and equal dignity under DOMA)