Bell Curve The Law Talking Guy Raised by Republicans U.S. West
Well, he's kind of had it in for me ever since I accidentally ran over his dog. Actually, replace "accidentally" with "repeatedly," and replace "dog" with "son."

Monday, October 31, 2005

WWAD?

In a unanimous decision in Alaska CLU vs. State of Alaska, the Alaska Supreme Court ruled on Oct 28, 2005, that it is unconstitutional for the state to deny lesbian and gay state employees and retirees equal benefits for their domestic partners.

The suit was filed shortly after Alaska's voters passed a constitutional amendment to ban same-sex marriage in 2000. The plaintiffs did not seek to overturn the ban on marriage; instead, they argued successfully that same-sex couples could not be denied equal benefits merely because they could not marry. The denial of benefits, the court said, "cannot withstand minimum scrutiny."

The state had argued that denying gay employees domestic partner benefits furthered the state’s interest in promoting marriage, but the court firmly rejected that argument, stating: "Denying benefits to the same-sex domestic partners who are absolutely ineligible to become spouses has no demonstrated relationship to the interest of promoting marriage."

The court also noted that, "Many same-sex couples are no doubt just as 'truly close[ly] relat[ed]' and 'closely connected' as any married couple, in the sense of providing the same level of love, commitment, and mutual economic and emotional support, as between married couples, and would choose to get married if they were not prohibited by law from doing so." Yes, even in conservative Alaska, the courts are coming around to view same-sex relationships as a normal part of the American landscape.

Quoting Lawrence v. Texas, the Alaska Supreme court wrote, "It is the duty of courts 'to define the liberty of all, not to mandate [their] own moral code.'" You will be hard-pressed to find a clearer rejection of "judicial activism" anywhere. Makes you wonder... what would Alito do?

15 comments:

Anonymous said...

What Alaska Supreme Court just said is that the ban on gay marriage would be unconstitutional under the Alaska Constitution as a violation of its equal protection guarantee, had it not been written into the constitution itself. Just what Massachusetts said about its own laws. Interesting that this was not decided based on the Federal constitution (or then the Roberts court could overrule it). 

// posted by LTG

Dr. Strangelove said...

Good point about the gay marriage being otherwise unconstitutional.

officialloversguide said...

101 Tips For Enhancing Your Love Life!!

You have a very good blog here. Full of michigan divorce law
content. Stop by my site if you have time to read more on michigan divorce law
.

TheDevilIsInTheDetails said...

Another home abortion Resource... LifeLaw.org . A discussion forum for all that deals with such hot-button issues as home abortion .

Anonymous said...

Last month I made $12,124 with Google Adsense...Click
here for free on how you can do the same!

Anonymous said...

Hello there, I was recently doing a search through blogs for the phrase based business home online opportunity. I happened to come across yours even though it wasn't particularly related to what I searched for. I still decided to read your blog a bit, and I just wanted to say that you have a good thing going here. Anyway, I've only just recently started a based business home online opportunity website, and I'm searching blogs trying to find ideas. Feel free to visit the site when you get a chance if you wish. Much success, Eric.

Anonymous said...

Gasoline prices change frequently and prices within a few blocks varies up to 20 percent. It is important to be able locate the gas station with the lowest priced fuel. Our sites allow the you check the gas prices online before you pay too much.
We designed the site with you in mind. We all know how costly gas is. Finding the lowest gas station is important as it could save up to $300 a month.

www.globalgasprice.com

Check Out :

www.choosepet.com

www.dogcribs.com

Anonymous said...

Check out dollar car

doer said...

Hello, just visited your blog, it's informative. I also have a website related togoogle adsense software. So make sure you visit and hope it's useful.

kleinoooo said...

Hey, you have a great blog here! I'm definitely going to bookmark you!

I have a investment seminar site. It pretty much covers seminar marketing and financial seminar related stuff.

Come and check it out if you get time :-)

Credit Center said...

I just came across your blog and wanted to drop you a note telling you how impressed I was with the information you have posted here.
I also have a web site & blog about credit cards for bad credit so I know what I'm talking about when I say your site is top-notch! Keep up the great work!

Investment Center said...

Hey, you have a great blog here! I'm definitely going to bookmark you!

I have a funds in investing mutual
site/blog. It pretty much covers funds in investing mutual
related stuff.

Come and check it out if you get time :-)

Anonymous said...

Hi - I was searching for blogs about associations and found yours. Reason I was searching for associations is I have one and I'm looking for ways people run theirs.

answer-man said...

Hello just stopped by to view your blog and to let all interested know I am offering free plumbing repair information and safety tips for California residents and all others interested. If you are not interested then please excuse us and please disregard this comment.

For Plumbing Press Release and Free Plumbing Repair Information please feel free and stop by and read and take advantage of our blog info or viist **A-Affordableplumbing.Com** Thank you and have a great day.

Anonymous said...

lhhqyuoxiztroqto- Nail Fungus Treatment, RbfjNGV...