Unanimous Alaska Supreme Court Says It Is Unconstitutional to Deny Equal Benefits to Lesbian and Gay State Employees
FOR IMMEDIATE RELEASE
10/28/05
CONTACT: media@aclu.org
ANCHORAGE - In a unanimous
decision today, the Alaska Supreme Court ruled that it is unconstitutional for
the state to continue to deny lesbian and gay state employees and retirees access
to equal benefits for their domestic partners. The American Civil Liberties
Union and the ACLU of Alaska, which brought the challenge, cheered the decision
as an important victory for same-sex couples and their families.
"This decision is especially meaningful for us right now," said Lin
Davis, a state employee who, with her partner Maureen Longworth, is one of the
couples involved in the lawsuit. "My partner was laid off from her job
last month, and it has been a real struggle having to pay for her COBRA coverage
each month. It is such a relief to know that we'll soon have access to the same
health benefits that my co-workers do."
The court ruled that the state's policy of denying lesbian and gay couples equal
employee benefits violates the state constitution's equal protection guarantees.
"We are so pleased that the Alaska Supreme Court has recognized that same-sex
couples form families and make lasting commitments just like different-sex couples,
and that it's unfair to deny lesbian and gay state employees the compensation
their straight colleagues receive," said Michael W. Macleod-Ball, Executive
Director of the ACLU of Alaska.
The ACLU filed the lawsuit in state court in 1999, shortly after Alaska=s voters
passed a state Constitutional amendment barring marriage for same-sex couples.
While the lawsuit does not seek to invalidate that initiative, the ACLU argued
that in light of the state prohibition, using marriage as the litmus test for
these public employment benefits violates the state constitution's equal protection
guarantee.
The state had argued that denying gay employees domestic partner benefits furthered
the state's interest in promoting marriage. Today the court firmly rejected
that argument, stating: "[D]enying 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 ACLU represents nine lesbian or gay state and municipal employees or retirees
and their partners who are barred from sharing the health, pension and insurance
benefits that heterosexual couples can enjoy.
While the case was pending before the Alaska Supreme Court, the state's refusal
to provide the benefits was especially painful for Shirley Dean and Carla Timpone.
In April 2003, Timpone was diagnosed with Stage IV ovarian cancer. At the time,
she was caring for her elderly father in New York, who was recovering from a
triple bypass operation. She was working at a local school, primarily for the
health insurance benefits. But because of the state's discriminatory policy,
Dean, as an Alaska child support enforcement officer was unable to provide coverage
to Timpone, who had to keep working during her illness to remain covered. Not
knowing how much longer they would be together, Dean was forced to take an early
retirement in order to join Timpone in New York, where Timpone had access to
benefits. Because she had not yet turned 55, she had to forfeit a large portion
of her retirement. Timpone died last year. The couple had been together for
more than 20 years.
The state has asked the parties to submit briefs to the court about how to adequately
remedy the discrimination.
The legal team for the case included Ken Choe of the ACLU's Lesbian and Gay
Rights Project, Allison Mendel of Mendel and Associates, and Tobias Wolff of
the University of California Law School at Davis.
For additional information about the case, including a copy of today's decision,
visit www.aclu.org/caseprofiles
###