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Alaska

STATUTE

Same-sex marriages

(a) A marriage entered into by persons of the same sex, either under common law or under statute, that is recognized by another state or foreign jurisdiction is void in this state, and contractual rights granted by virtue of the marriage, including its termination, are unenforceable in this state.

(b) A same-sex relationship may not be recognized by the state as being entitled to the benefits of marriage.

(Alaska Stat. Section 25.05.013)

CONSTITUTION

Marriage

To be valid or recognized in this State, a marriage may exist only between one man and one woman.

(Alaska Constitution Article I, Section 25)

LITIGATION

Brause v. Bureau of Vital Statistics, No. 3 AN-95-6562, 1998 WL 88743 (Alaska Superior Ct., Feb. 27, 1998)

Brause is the only case prior to the trial court's ruling in Andersen v. King County (Washington) [click here for order] to rule that there is a fundamental right to same-sex marriage. The court ruled that Alaska’s marriage laws violated the right to privacy, the fundamental right to marry, and constituted sex discrimination. The decision was overruled by a constitutional amendment, Alaska Const., Art. I, § 23 (1998).

 

 
     
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