Federal judge rules Alaska's same-sex marriage ban unconstitutional
Last edited Sun Oct 12, 2014, 10:34 PM - Edit history (1)
Source: ADN
A federal judge ruled Sunday that Alaskas ban on gay marriage is unconstitutional, paving the way for gay couples to begin marrying in the state for the first time.
The court finds that Alaskas 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, U.S. District Court Judge Timothy Burgess wrote in a order in the case Hamby v. Parnell, released Sunday.
The Hamby suit was filed in May by five same-sex couples. It challenged the states constitutional amendment limiting marriage to one man and one woman, approved by voters in 1998.
(snip)
Were completely overjoyed, Shortell said. Its an immediate injunction from further enforcement of the (law banning same-sex marriage), so people are going to start getting married.
Read more: http://www.adn.com/article/20141012/federal-judge-rules-alaskas-same-sex-marriage-ban-unconstitutional
Shannyn Moore:Oh my goodness! I live in a state with gay marriage!!!
Burgess was nominated by George W. Bush on July 28, 2005 to the seat on the United States District Court for the District of Alaska vacated by James Keith Singleton, Jr..
http://judgepedia.org/Timothy_Burgess
Federal judge strikes down Alaska same-sex marriage ban
http://www.ktuu.com/news/news/federal-judge-strikes-down-alaska-samesex-marriage-ban/29081512
(snip)
In his decision for Matthew Hamby and Christopher Shelden, Burgess found that previous Supreme Court decisions have shown that rights not explicitly mentioned in the Bill of Rights can be protected by substantive due process. He likened his decision to a ruling by the high court allowing interracial marriage, in which justices relied on inherent characteristics of marriage to allow interracial unions instead of decreeing them to be the law of the land.
Rather, the decision hinged on the determination that the freedom to marry, without an additional descriptor, resides with the individual and cannot be infringed by the State, Burgess wrote. In this way, the Supreme Court found interracial marriage to be an aspect of liberty protected against state inferference by the substantive component of due process.
Burgess went on to state that his primary goal was not to assess the popularity of same-sex marriage, but rather to determine whether Hamby and Shelden had been treated unfairly by Alaskas same-sex marriage ban -- an act which falls afoul of the U.S. Constitutions Fourteenth Amendment, guaranteeing citizens equal protection under the law.
For many years, there have been powerful voices condemning homesexual conduct as immoral, but the Courts obligation in this case is not to determine or mandate a particular moral code, but rather to define the liberty of all, Burgess wrote. Alaskas 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.
http://www.latimes.com/nation/la-na-alaska-same-sex-marriage-20141012-story.html
(snip)
Gov. Sean Parnell's office told the Associated Press the state would appeal.
Alaska could ask the 9th Circuit to stay the judge's ruling, pending the appeal. But since the 9th Circuit already has ruled on the issue in cases from Nevada and Idaho, Alaska's chances are slim.
(snip)
In his ruling, Burgess, appointed by President George W. Bush, followed a path taken by several dozen federal judges over the last year who have considered the same-sex marriage issue -- ruling that marriage constitutes a "fundamental right" that the government can restrict only for compelling reasons and that the arguments in favor of a ban on same-sex unions do not hold up under scrutiny.
shenmue
(38,506 posts)She's going to have her drunk children try to punch everyone in the state now!
RKP5637
(67,107 posts)closeupready
(29,503 posts)cal04
(41,505 posts)I wonder if @SarahPalinUSA's family will take a break from drunken brawling to say how gay marriage in Alaska will destroy family values.
FIRST RULE for a great gay wedding in #Alaska: DO NOT Invite @SarahPalinUSA's family to the reception!
EEO
(1,620 posts)roguevalley
(40,656 posts)ProudToBeBlueInRhody
(16,399 posts)....so by the time they get to the courthouse they'll be perfectly soused to either fight or make a FAUX News appearance!
Orsino
(37,428 posts)shenmue
(38,506 posts)hifiguy
(33,688 posts)JustADumbFireman
(59 posts)Good one!
P.S. Prekrasniy pravoslavniy krest!
RKP5637
(67,107 posts)Erich Bloodaxe BSN
(14,733 posts)We got what, like 10 on last Monday, when the SC decided not to do any rulings on marriage equality cases?
cal04
(41,505 posts)Same-sex marriage rights are sweeping the US. Here's where each state stands.
shenmue
(38,506 posts)sweetloukillbot
(11,009 posts)I'm friends with two of the plaintiffs and their lawyer filed for an expedited ruling. The judge has already ruled in favor of gay rights in a few different cases, and it sounds like the state AG is actually considering dropping the defense.
shenmue
(38,506 posts)AlbertCat
(17,505 posts)Well, I'm sure NC will try to fight it and waste more time and money. Our Teabagger legislature just governs by pet peeve.
Ash_F
(5,861 posts)TNNurse
(6,926 posts)Sarah Palin screaming from my house in TN. I hope she is really worked up over this.
shenmue
(38,506 posts)It's going to be a good Monday for the comedians!
NutmegYankee
(16,199 posts)Blue_In_AK
(46,436 posts)I can hear Jerry Prevo and Jim Minnery's heads exploding all the way from East Anchorage. (Alaskans will understand.)
raven mad
(4,940 posts)A little Prevo, not a real shaker at all!!
Blue_In_AK
(46,436 posts)(the one who almost makes me miss Sarah) will appeal.
He loves nothing more than spending the state's money on frivolous lawsuits, but this time he's going DOWN. (And I don't think he's going to win in November, either.)
yardwork
(61,599 posts)There are a lot of really dumb Republican governors right now.
Blue_In_AK
(46,436 posts)he should be a topic for MSNBC every day. Hopefully he'll be gone in a couple of months.
yardwork
(61,599 posts)It's going to be a really long two more years.
Blue_In_AK
(46,436 posts)We've already had six years of Parnell - the two from when Sarah quit and then four of his own. It's been nothing but scandal after scandal. Generally, that wouldn't matter to Alaska's Right-leaning electorate, but this year we have a "unity ticket" opposition - a republican turned independent and the former D nominee running together - and I think they're going to win. Everyone is just sick of Sean Parnell. He's a tool of Big Oil.
IDemo
(16,926 posts)Blue_In_AK
(46,436 posts)However, her idiot successor, Sean Parnell, has just officially announced that the state will appeal this ruling, to the tune of about a million dollars probably. Oh, but he's "fiscally responsible."
Just one more reason to vote him out in November.
TNNurse
(6,926 posts)I fear she thinks she still has an audience and influence.
Blue_In_AK
(46,436 posts)It's only a few rubes Outside who think she still matters.
(By Outside, I mean the Lower 48. Alaska-speak.)
blkmusclmachine
(16,149 posts)finally takes up a marriage equality case and rules in favor of the bans, 5-4.
brooklynite
(94,511 posts)...and voted to ban all Gay marriages. They didn't.
reimaginethis
(25 posts)We're waiting on the 6th Circuit COA to issue its ruling. (I think the circuit covers TN, KY, OH, and MI.) Congrats to all those whose equality in the eyes of the law has been validated by the courts; hopefully, the same will happen soon for my gay and lesbian friends in TN.
cal04
(41,505 posts)Vox has all the states listed in a new article
http://www.vox.com/2014/10/6/6110151/where-is-gay-marriage-legal-state-equality-status-courts
cal04
(41,505 posts)https://twitter.com/suzannacaldwell
With Alaska's gay marriage ban overturned, couples file for marriage licenses
http://www.adn.com/article/20141013/alaskas-gay-marriage-ban-overturned-couples-file-marriage-licenses#.VDwWYAzblAU.twitter
Courtney Lamb beams as she and Stephanie Pearson are the first to finish applying for a marriage license in person at the state Bureau of Vital Statistics on Monday, Oct. 13, 2014 in Anchorage.
Blue_In_AK
(46,436 posts)Wonderful photo. I'm so happy for these couples who have fought so hard these many years.
apaflo
(47 posts)Two same-sex couples were married in Barrow on Monday, October 13th, in the afternoon by Magistrate Mary Treiber, who waived the 3 day waiting period usually necessary following an application for a marriage license.
After hearing Sunday that the ban had been overturned Kristine Hilderbrand and Sara Ellis checked on Monday morning to apply for a license. It was a spur of the moment thing, as they had plans to be married in another state in the near future. When they were told they could be married today if they wanted, the rush was on. And when partners Kelly Cahoon and Bernice Oyagak heard about it they jumped on the same idea, also preempting a wedding scheduled for December in another state.
At about 4PM in the Barrow Court, Magistrate Mary Treiber pronounced Kristine and Sarah to be married. At about 4:30 PM she pronounced Kelly and Bernice to be married.
By the time the ceremonies were actually performed there was already suspician that these must be the first same-sex marriages in Alaska. It was perhaps an hour later that the Alaska Dispatch news confirmed that to be true to their knowledge.
I did formal photographs for the weddings of Kristine's younger and older sisters, so there was no question about if I should take a camera.
From left to right, Magistrate Mary Treiber, Kristine Hilderbrand and Sarah Ellis:
[img][[img]
From left to right, Magristrate Mary Treiber, Kelly Cahoon and Bernice Oyagak:
[img][[img]
apaflo
(47 posts)Kristine Hilderbrand (who married Sarah Ellis in the first same-sex wedding in Alaska) was removed from her job as Deputy Director of Human Resources for the North Slope Borough on Wednesday afternoon.
She is a mayoral appointee, and as such following Mayor Charlotte Brower's re-election on October 5th had signed a standard "resignation letter". She was married on Monday the 13th, on Tuesday the 14th she and her family were celebrating at a local restaurant, and it was noticed that Mayer Brower was there and did not congratulate her as everyone else was doing, but also clearly was not at all happy about it either. She was removed from her office just prior to closing time on Wednesday the 15th.
Interesting politics. Kristine is an extremely effective administrator, and she is already being recruited by other potential employers. Hence we don't need to feel nearly as sorry for her as we do for the North Slope Borough that is suffering significant loss, of face as well as talent.