Sunday, October 12, 2014

Judge overturns Alaska's first-in-the-nation gay marriage ban - CNN






Chad Biggs, left, and his fiancé, Chris Creech, say their wedding vows at the Wake County Courthouse in Raleigh, North Carolina, on Friday, October 10, after a federal judge ruled that same-sex marriage can begin there.Chad Biggs, left, and his fiancé, Chris Creech, say their wedding vows at the Wake County Courthouse in Raleigh, North Carolina, on Friday, October 10, after a federal judge ruled that same-sex marriage can begin there.

Joshua Gunter, right, and Bryan Shields attend a rally in Las Vegas to celebrate an appeals court ruling that overturned Nevada's same-sex marriage ban on Tuesday, October 7.Joshua Gunter, right, and Bryan Shields attend a rally in Las Vegas to celebrate an appeals court ruling that overturned Nevada's same-sex marriage ban on Tuesday, October 7.

From left, plaintiffs Moudi Sbeity; his partner, Derek Kitchen; Kody Partridge; and Partridge's wife, Laurie Wood, celebrate after a news conference in Salt Lake City on Monday, October 6. The U.S. Supreme Court cleared the way Monday for legal same-sex marriages in five more states -- Virginia, Utah, Nevada, Indiana and Wisconsin.From left, plaintiffs Moudi Sbeity; his partner, Derek Kitchen; Kody Partridge; and Partridge's wife, Laurie Wood, celebrate after a news conference in Salt Lake City on Monday, October 6. The U.S. Supreme Court cleared the way Monday for legal same-sex marriages in five more states -- Virginia, Utah, Nevada, Indiana and Wisconsin.

Abbi Huber, left, and Talia Frolkis exit the City County Building in Madison, Wisconsin, after applying for a marriage license on October 6.Abbi Huber, left, and Talia Frolkis exit the City County Building in Madison, Wisconsin, after applying for a marriage license on October 6.

Rob MacPherson, right, and his husband, Steven Stolen, hug during a news conference at the American Civil Liberties Union in Indianapolis on October 6.Rob MacPherson, right, and his husband, Steven Stolen, hug during a news conference at the American Civil Liberties Union in Indianapolis on October 6.

Mary Bishop, second from left, and Sharon Baldwin, right, celebrate with family and friends following their wedding ceremony on the courthouse steps in Tulsa, Oklahoma, on October 6.Mary Bishop, second from left, and Sharon Baldwin, right, celebrate with family and friends following their wedding ceremony on the courthouse steps in Tulsa, Oklahoma, on October 6.

Jennifer Melsop, left, and Erika Turner kiss after they were married in front of the Arlington County Courthouse in Arlington, Virginia, on October 6.Jennifer Melsop, left, and Erika Turner kiss after they were married in front of the Arlington County Courthouse in Arlington, Virginia, on October 6.

Pastor Carol Hill from Epworth United Methodist Church speaks during a marriage-equality ceremony at the Kathy Osterman Beach in Chicago on Sunday, June 1. June 1 marked the first day that all of Illinois' 102 counties could begin issuing marriage licenses to same-sex couples.Pastor Carol Hill from Epworth United Methodist Church speaks during a marriage-equality ceremony at the Kathy Osterman Beach in Chicago on Sunday, June 1. June 1 marked the first day that all of Illinois' 102 counties could begin issuing marriage licenses to same-sex couples.

William Roletter, left, and Paul Rowe, right, press close to each other after having their photo taken with their newly acquired marriage certificate Wednesday, May 21, at City Hall in Philadelphia.William Roletter, left, and Paul Rowe, right, press close to each other after having their photo taken with their newly acquired marriage certificate Wednesday, May 21, at City Hall in Philadelphia.

Julie Engbloom, left, and Laurie Brown embrace after they were wed in Portland, Oregon, on Monday, May 19. A federal judge struck down the state's voter-approved ban on same-sex marriage.Julie Engbloom, left, and Laurie Brown embrace after they were wed in Portland, Oregon, on Monday, May 19. A federal judge struck down the state's voter-approved ban on same-sex marriage.

Jennifer Rambo, right, kisses her partner, Kristin Seaton, after their marriage ceremony in front of the Carroll County Courthouse in Eureka Springs, Arkansas, on Saturday, May 10. Rambo and Seaton were the first same-sex couple to be granted a marriage license in Eureka Springs after a judge overturned Amendment 83, which banned same-sex marriage in Arkansas. Jennifer Rambo, right, kisses her partner, Kristin Seaton, after their marriage ceremony in front of the Carroll County Courthouse in Eureka Springs, Arkansas, on Saturday, May 10. Rambo and Seaton were the first same-sex couple to be granted a marriage license in Eureka Springs after a judge overturned Amendment 83, which banned same-sex marriage in Arkansas.

Same-sex couples get their marriage licenses at the Oakland County Courthouse in Pontiac, Michigan, on Saturday, March 22, a day after a federal judge overturned Michigan's ban on same-sex marriage.Same-sex couples get their marriage licenses at the Oakland County Courthouse in Pontiac, Michigan, on Saturday, March 22, a day after a federal judge overturned Michigan's ban on same-sex marriage.

Utah state Sen. Jim Dabakis, left, and Stephen Justesen acknowledge the crowd after being married in Salt Lake City on Friday, December 20. A federal judge struck down Utah's ban on same-sex marriage, saying it conflicted with the constitutional guarantees of equal protection and due process. Many Utah counties began issuing marriage licenses before the state appealed to the U.S. Supreme Court. The high court temporarily blocked enforcement of the lower court ruling until the constitutional questions were fully resolved.Utah state Sen. Jim Dabakis, left, and Stephen Justesen acknowledge the crowd after being married in Salt Lake City on Friday, December 20. A federal judge struck down Utah's ban on same-sex marriage, saying it conflicted with the constitutional guarantees of equal protection and due process. Many Utah counties began issuing marriage licenses before the state appealed to the U.S. Supreme Court. The high court temporarily blocked enforcement of the lower court ruling until the constitutional questions were fully resolved.

Plaintiffs Laurie Wood, left, and Kody Partridge, center, walk with attorney Peggy Tomsic on Wednesday, December 4, after a judge heard arguments challenging Utah's same-sex marriage ban.Plaintiffs Laurie Wood, left, and Kody Partridge, center, walk with attorney Peggy Tomsic on Wednesday, December 4, after a judge heard arguments challenging Utah's same-sex marriage ban.

Hawaiian Gov. Neil Abercrombie, left, and former Sen. Avery Chumbley celebrate with a copy of the Star-Advertiser after Abercrombie signed a bill legalizing same-sex marriage in Hawaii on Wednesday, November 13.Hawaiian Gov. Neil Abercrombie, left, and former Sen. Avery Chumbley celebrate with a copy of the Star-Advertiser after Abercrombie signed a bill legalizing same-sex marriage in Hawaii on Wednesday, November 13.

Newark, New Jersey, Mayor Cory Booker officiates a wedding ceremony for Joseph Panessidi and Orville Bell at City Hall in October 2013. The state Supreme Court denied the state's request to prevent same-sex marriages temporarily, clearing the way for same-sex couples to marry.Newark, New Jersey, Mayor Cory Booker officiates a wedding ceremony for Joseph Panessidi and Orville Bell at City Hall in October 2013. The state Supreme Court denied the state's request to prevent same-sex marriages temporarily, clearing the way for same-sex couples to marry.

A couple celebrates at San Francisco City Hall upon hearing about the U.S. Supreme Court rulings on same-sex marriage in June 2013. The high court cleared the way for same-sex couples in California to resume marrying after dismissing an appeal on Proposition 8 on jurisdictional grounds. The court also struck down a key part of the Defense of Marriage Act, a 1996 federal law defining marriage as between a man and a woman. A couple celebrates at San Francisco City Hall upon hearing about the U.S. Supreme Court rulings on same-sex marriage in June 2013. The high court cleared the way for same-sex couples in California to resume marrying after dismissing an appeal on Proposition 8 on jurisdictional grounds. The court also struck down a key part of the Defense of Marriage Act, a 1996 federal law defining marriage as between a man and a woman.

At the state Capitol in St. Paul, Minnesota, Gov. Mark Dayton signs a bill legalizing same-sex marriage in May 2013.At the state Capitol in St. Paul, Minnesota, Gov. Mark Dayton signs a bill legalizing same-sex marriage in May 2013.

Delaware Gov. Jack Markell holds up legislation in May 2013 allowing same-sex couples to wed in the state.Delaware Gov. Jack Markell holds up legislation in May 2013 allowing same-sex couples to wed in the state.

Rhode Island state Sen. Donna Nesselbush, right, embraces a supporter after the Marriage Equality Act was signed into law at the statehouse in Providence in May 2013.Rhode Island state Sen. Donna Nesselbush, right, embraces a supporter after the Marriage Equality Act was signed into law at the statehouse in Providence in May 2013.

Jamous Lizotte, right, and Steven Jones pose for photos while waiting for a marriage license in Portland, Maine, in December 2012.Jamous Lizotte, right, and Steven Jones pose for photos while waiting for a marriage license in Portland, Maine, in December 2012.

Maryland Gov. Martin O'Malley, center, shakes hands with Senate President Thomas V. "Mike" Miller after signing a same-sex marriage bill in March 2012. The law was challenged, but voters approved marriage equality in a November 2012 referendum.Maryland Gov. Martin O'Malley, center, shakes hands with Senate President Thomas V. "Mike" Miller after signing a same-sex marriage bill in March 2012. The law was challenged, but voters approved marriage equality in a November 2012 referendum.

Washington Gov. Chris Gregoire celebrates after signing marriage-equality legislation into law on February 13, 2012. Voters there approved same-sex marriage in November 2012.Washington Gov. Chris Gregoire celebrates after signing marriage-equality legislation into law on February 13, 2012. Voters there approved same-sex marriage in November 2012.

Phyllis Siegel, right, kisses her wife, Connie Kopelov, after exchanging vows at the Manhattan City Clerk's office on July 24, 2011, the first day New York's Marriage Equality Act went into effect.Phyllis Siegel, right, kisses her wife, Connie Kopelov, after exchanging vows at the Manhattan City Clerk's office on July 24, 2011, the first day New York's Marriage Equality Act went into effect.

In 2010, television reporter Roby Chavez, right, shares a moment with gay rights activist Frank Kameny during Chavez and Chris Roe's wedding ceremony in the nation's capital. Same-sex marriage became legal in Washington in March 2010.In 2010, television reporter Roby Chavez, right, shares a moment with gay rights activist Frank Kameny during Chavez and Chris Roe's wedding ceremony in the nation's capital. Same-sex marriage became legal in Washington in March 2010.

Olin Burkhart, left, and Carl Burkhart kiss on the steps of the New Hampshire Capitol in January 2010 after the state's law allowing same-sex marriage went into effect.Olin Burkhart, left, and Carl Burkhart kiss on the steps of the New Hampshire Capitol in January 2010 after the state's law allowing same-sex marriage went into effect.

Maine state Sen. Dennis Damon, left, hands Gov. John Baldacci the bill that the state Senate passed in May 2009 to affirm the right of same-sex couples to marry.Maine state Sen. Dennis Damon, left, hands Gov. John Baldacci the bill that the state Senate passed in May 2009 to affirm the right of same-sex couples to marry.

Amy Klein-Matheny, left, and her wife, Jennifer, exchange vows in Iowa after same-sex couples were allowed to marry there with a court ruling in April 2009.Amy Klein-Matheny, left, and her wife, Jennifer, exchange vows in Iowa after same-sex couples were allowed to marry there with a court ruling in April 2009.

Michael Miller, left, and Ross Zachs marry on the West Hartford Town Hall steps after same-sex marriages became legal in Connecticut on November 12, 2008.Michael Miller, left, and Ross Zachs marry on the West Hartford Town Hall steps after same-sex marriages became legal in Connecticut on November 12, 2008.

Lara Ramsey, left, and her partner of eight years, Jane Lohmann, play with their 7-month-old son, Wyatt Ramsey-Lohmann. The two wed in 2004 after Massachusetts approved same-sex marriage. Massachusetts was the first state to do so.Lara Ramsey, left, and her partner of eight years, Jane Lohmann, play with their 7-month-old son, Wyatt Ramsey-Lohmann. The two wed in 2004 after Massachusetts approved same-sex marriage. Massachusetts was the first state to do so.








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  • The state says it will appeal the judge's ruling

  • But how much luck it will have remains to be seen

  • Five gay couples sued the state in May to overturn the ban

  • Sunday's ruling is yet another victory for supporters of same-sex marriage




(CNN) -- In 1998, Alaska became the first of two states to pass a constitutional amendment to ban same-sex marriage.


On Sunday, a federal judge overturned the 16-year ban, saying the Constitution guarantees equal protection to all.


The judge's ruling makes Alaska the latest state where gay and lesbian couples can legally marry.


"The plaintiffs in this case do not ask the court to recognize an entirely new fundamental right to same-sex marriage; rather, plaintiffs wish to participate in the existing liberty granted to other couples to make a deeply personal choice about a private family matter," U.S. District Judge Timothy Burgess wrote in his 25-page ruling.


Alaska says it will appeal.


"As Alaska's governor, I have a duty to defend and uphold the law and the Alaska Constitution," Gov. Sean Parnell said.


But how much luck the state will have going that route remains to be seen.


An appeal will take the case to the U.S. Court of Appeals for the Ninth Circuit, which last week ruled against Idaho and Nevada in similar cases.


First-in-the-nation ban


Alaska passed its amendment in 1998 and joined Hawaii as the first of two states to define marriage as a union between a man and a woman.


At the time, Alaska said the ban "does not target anybody or deny anybody their rights."


Burgess said it does.


"By singling out homosexual couples and banning their ability to marry an individual of their choosing, it is impossible to assert that all Alaskans are equal under the state's laws."


Five gay couples sued the state in May to get the constitutional amendment overturned.


Another victory


Sunday's ruling is yet another victory for supporters of same-sex marriage.


In a surprise move on October 6, the Supreme Court refused to get involved in the constitutional debate over same-sex marriage. That decision allowed same-sex couples to wed legally in five states -- Virginia, Utah, Oklahoma, Indiana and Wisconsin.


Then, a three-judge panel from the U.S. Court of Appeals for the Ninth Circuit concluded the bans in Idaho and Nevada violated the equal protection rights of homosexuals to legally marry.


On Friday, a federal judge in North Carolina ruled that same-sex marriage can begin there.


"Alaska had the misfortune of being the first state, in 1998, to ban equal marriage and bake discrimination into our constitution," said Joshua Decker, executive director of the Alaska ACLU. "Today's decision allows Alaskans to marry and to have their outside marriages recognized here. This victory brings equal rights to thousands of Alaskan couples who are in loving, committed relationships."


Like dominoes falling


Here's where things stand. At least 27 states now allow same-sex marriage -- an increase of at least 13 states since the beginning of the month.


Those states are: California, Colorado, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Virginia, Washington state and Wisconsin, plus the District of Columbia.


Eight more states, including Alaska, could soon legalize it, after the cases wind their way through the federal appeals process: Alaska, Arizona, Kansas, North Carolina, Montana, South Carolina, West Virginia and Wyoming.


CNN's Bill Mears contributed to this report.









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