Current weather

  • Overcast
  • 39°
    Overcast
  • Comment

AK Supreme Court considers benefits for same-sex partners

Posted: May 15, 2014 - 9:14pm  |  Updated: May 15, 2014 - 9:30pm
This 2012 photo provided by Chris Shelden shows Matt Hamby, left, and his husband, Shelden, right, at Ruth Glacier in Denali National Park, Alaska. The couple from Anchorage, Alaska, married in Canada and renewed their vows last year when same-sex marriage was briefly allowed in Utah. On Monday, they joined four other same-sex couples in suing the state of Alaska in federal court, arguing the state's constitutional ban on same-sex marriage violates their rights to due process and equal protection under the U.S. Constitution. (AP Photo/Courtesy Chris Shelden)  AP
AP
This 2012 photo provided by Chris Shelden shows Matt Hamby, left, and his husband, Shelden, right, at Ruth Glacier in Denali National Park, Alaska. The couple from Anchorage, Alaska, married in Canada and renewed their vows last year when same-sex marriage was briefly allowed in Utah. On Monday, they joined four other same-sex couples in suing the state of Alaska in federal court, arguing the state's constitutional ban on same-sex marriage violates their rights to due process and equal protection under the U.S. Constitution. (AP Photo/Courtesy Chris Shelden)

ANCHORAGE, Alaska (AP) — The Alaska Supreme Court is considering whether the partner of a woman killed in 2011 is entitled to survivor benefits from the woman’s employer, given the state’s constitutional ban on same-sex marriage.

State law allows for widows or widowers to receive survivor benefits if their husband or wife dies in a work-related injury; children are also eligible but if there are no children and is no surviving spouse, benefits can go to other specified family members. Same-sex couples do not receive such benefits because they are not allowed to marry in the state.

The high court heard oral arguments Tuesday.

Deborah Harris’ long-term partner Kerry Fadely was shot to death at the Millennium Hotel in Anchorage. Lamda Legal staff attorney Peter Renn, who represented Harris, told The Associated Press on Wednesday that Harris had to move out of the couple’s home shortly after Fadely’s death because she couldn’t afford to make the rental payments on her own.

“Tragedy doesn’t discriminate, and neither should the state,” he said. The state declined to intervene in the case, he added.

Attorney Donald Thomas, who argued on behalf of the Millennium Hotel, which did not provide Harris with survivor benefits, said the Alaska constitution’s ban on same-sex marriage implicitly denies any person who is not validly married the rights and benefits of marriage.

Renn called it discriminatory. While the case does not directly challenge the same-sex marriage ban, the court could take up that issue, Renn said.

“We’ve given the court an option of menus. It could take a smaller bite and decide only the death benefits issue that is raised here for Ms. Harris.

But it could also decide to take a somewhat broader step and declare the marriage amendment itself unconstitutional,” he said.

This is the third case before the high court related to benefits for gay couples. I

n 2005, and again earlier this year, the court ruled that same-sex couples should not be discriminated against. Renn said there is strong precedent for a decision in Harris’ favor.

  • Comment

Comments (3) Add comment
ADVISORY: Users are solely responsible for opinions they post here and for following agreed-upon rules of civility. Posts and comments do not reflect the views of this site. Posts and comments are automatically checked for inappropriate language, but readers might find some comments offensive or inaccurate. If you believe a comment violates our rules, click the "Flag as offensive" link below the comment.
rwhobby
196
Points
rwhobby 05/15/14 - 11:50 pm
2
2
Marriage

Marriage is between man and woman to produce offspring for the human race to continue to exist. look at it from a biology point of view do same sex couples produce offspring, so how could this be Union between male and female. From a religious point of view it's a sin.

Suss
3894
Points
Suss 05/16/14 - 08:12 am
3
1
No Old Folk Marriages

RWHobby.....
In the logical continuation of this line of reasoning, the state will soon have to invalidate all childless marriages. Its next target should be straight couples who cannot or choose not to reproduce, including senior citizens. And don’t think you folks can use that loophole of adopting some needy child. That’s not natural.

I don’t think I have ever been to a wedding where it is said you will love, honor, and successfully procreate, til death do you part!

higuys
6
Points
higuys 05/18/14 - 12:11 am
0
0
polygamists

Yes let's follow the logic. Polygamists, dual sexuals, and nonsexual couples (aka "roommates") should not be discriminated against either. They love, they serve, and so on and so forth. And let's stop discriminating against drug users and dealers man.. Legalize it bro!!!

Back to Top

Spotted

Please Note: You may have disabled JavaScript and/or CSS. Although this news content will be accessible, certain functionality is unavailable.

Skip to News

« back

next »

  • title http://spotted.peninsulaclarion.com/galleries/321268/ http://spotted.peninsulaclarion.com/galleries/321253/ http://spotted.peninsulaclarion.com/galleries/321248/
  • title http://spotted.peninsulaclarion.com/galleries/321243/ http://spotted.peninsulaclarion.com/galleries/321208/ http://spotted.peninsulaclarion.com/galleries/320593/
  • title http://spotted.peninsulaclarion.com/galleries/321173/ http://spotted.peninsulaclarion.com/galleries/321163/
My Gallery

CONTACT US

  • 150 Trading Bay Rd, Kenai, AK 99611
  • Switchboard: 907-283-7551
  • Circulation and Delivery: 907-283-3584
  • Newsroom Fax: 907-283-3299
  • Business Fax: 907-283-3299
  • Accounts Receivable: 907-335-1257
  • View the Staff Directory
  • or Send feedback

ADVERTISING

SUBSCRIBER SERVICES

SOCIAL NETWORKING

MORRIS ALASKA NEWS