Alaska Supreme Court Affirms Fundamental Constitutional Rights
FOR IMMEDIATE RELEASE
November 5, 2007
Contact Sharon K. Legenza, (907) 258-0044 or (907) 230-0665 (cell)
ANCHORAGE — The American Civil Liberties Union of Alaska has won significant victories for civil liberties in three decisions issued by the Alaska Supreme Court during the past two weeks. In these cases, the Court has affirmed Alaskans’ fundamental constitutional rights to privacy, to speech, and to a fair trial for criminal defendants.
In State of Alaska v. Planned Parenthood of Alaska, et al.,released on Friday, November 2, 2007, the Alaska Supreme Court ruled that the Parental Consent Act, which required teenagers to obtain either parental consent or a judicial bypass prior to seeking an abortion, was unconstitutional because it violated a minor’s privacy rights. The Court recognized that pregnant minors have the right to choose whether and when to have children, and that, by “shifting the locus of choice – this relocation of a fundamental right from minors to parents” is what makes the law “constitutionally suspect.”
Then in Alaskans for a Common Language v. Alakayak, also released on Friday, the state Supreme Court ruled unconstitutional a provision of the Official English Initiative that would have required “all public agencies in all government functions and actions” to use only English. In reaching its decision, the Court recognized “the core values” protected by the First Amendment and the Alaska Constitution, and stated: “If all government communications must be in English, some voices will be silenced, some ideas will remain unspoken, and some ideas will remain unchallenged. Such a requirement harms ‘society as a whole, which is deprived of an uninhibited marketplace of ideas’”
Finally, in State of Alaska v. Murtagh, et al., issued last Friday, October 26, 2007, the Alaska Supreme Court determined that certain provisions of the Victims Right Act were unconstitutional and violated the right to a fair trial guaranteed by the Due Process Clause of the Alaska Constitution. The plaintiffs in this case were defense attorneys and investigators who stated that the provisions prevented them from adequately investigating the charges against their clients because it placed restrictions on them that were not placed on prosecuting attorneys and investigators. The Supreme Court agreed, noting that a balance must be struck between the procedural due process rights of defendants and the rights of victims and witnesses, and ruling that where possible, such statutes must apply to both the prosecution and defense so that they do not unduly advantage either side. As the Supreme Court recognized, “justice is more likely to be achieved ‘if both sides have an equal opportunity to interview the persons who have the information from which the truth may be determined.’”
“These decisions demonstrate that our individual freedoms continue to need protection from government intrusion, and we applaud the state Supreme Court’s recognition that civil liberties mean something in Alaska,” said ACLU of Alaska Interim Executive Director Sharon Legenza, “and that the constitutional rights of Alaskans will be upheld.”
State of Alaska v. Planned Parenthood of Alaska, et al.,was litigated by the Center for Reproductive Rights and Jeff Feldman, a partner at the Anchorage law firm of Feldman, Orlansky & Sanders and cooperating attorney for the ACLU of Alaska, on behalf of Planned Parenthood of Alaska and a local doctor seeking to protect the privacy rights and the health of their patients.
Alaskans for a Common Language v. Alakayak was
litigated by the Native American Rights Fund and Bill Caldwell, a cooperating
attorney for the ACLU of Alaska, on behalf of local governmental officials,
educators, and members of the public.
State of Alaska v. Murtagh, et al., was litigated by Susan Orlansky,
a partner at the Anchorage law firm of Feldman, Orlansky & Sanders and
cooperating counsel for the ACLU of Alaska.
The ACLU of Alaska is a non-profit and non-partisan organization dedicated to advancing the cause of civil liberties in Alaska through public education, legal action, legislative advocacy and coalition-building, and grassroots organizing.
Press Note: Copies of these decisions are available on the Alaska Court System website at: http://www.state.ak.us/courts/sp.htm.
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