ANCHORAGE, Alaska (AP) -- Gay rights advocates claimed a major victory after the state Supreme Court ruled it unconstitutional to deny benefits to same-sex partners of public employees.
In overturning a lower court ruling, the state high court said Friday that barring benefits for state and city employees' same-sex partners violates the Alaska constitution's equal protection clause.
The ruling could influence courts in other states, said Michael Macleod-Ball, director of the Alaska American Civil Liberties Union. Alaska was one of the first states to pass a constitutional ban on homosexual marriage.
Naturally I am greatly enamored of the judges who made this ruling--it was unanimous, according to the piece--and wriggle with schadenfreude because the Governor was apparently "outraged" (okay, I just wanted to use the word "schadenfreude").
But I wanted to point out something beyond all that:
In the 2001 Superior Court ruling overturned Friday, Judge Stephanie Joannides said the state and city did not have to extend benefits to same-sex couples, equating them with unmarried heterosexual couples who also are not eligible.
The high court said that comparison failed to acknowledge the fact that heterosexual couples can choose to get married, while homosexual couples cannot.
Bravo. These people prevent gays from marrying, and then try to take away more rights because they're not a married couple. I am most pleased that the judges refused to allow this.
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