|
Ballot Measure 2 of 1998 is a ballot measure, since ruled unconstitutional, that added an amendment to the Alaska Constitution that prohibited the recognition of same-sex marriage in Alaska. The Ballot measure was sparked by the lawsuit filed by Jay Brause and Gene Dugan, after the two men were denied a marriage license by the Alaska Bureau of Vital Statistics.〔 In ''Brause v. Bureau of Vital Statistics,'' 1998 WL 88743, the Alaska Superior Court ruled that the state needed compelling reason to deny marriage licenses to same-sex couples and ordered a trial on the question.〔 In response, the Alaska Legislature immediately proposed and passed Resolution 42, which became what is now known as Ballot Measure 2.〔 Ballot Measure 2 passed via public referendum on November 3, 1998 with 68% of voters supporting and 32% opposing. The ''Bause'' case was dismissed following the passage of the ballot measure. The text of the adopted amendment, which is found at Article I, section 25 of the Alaska Constitution, states:〔(Alaska State Constitution ) Hosted on the Alaska Legislature's website. Accessed 30 November 2006.〕 ' On October 12, 2014, U.S. federal Judge Timothy Burgess struck down the ban as a violation of the U.S. constitutional guarantee of due process and equal protection. Burgess wrote, "Alaska’s denial of the benefits and dignity of marriage for them only perpetuates this discrimination without legitimate grounds.” Burgess also barred Alaska from refusing to acknowledge lawful same-sex marriages conducted in other states. ==Background== In 1995 two men, Jay Brause and Gene Dugan, relying on the then-gender-neutral marriage code of Alaska submitted an application for a marriage license to the Alaska Bureau of Vital Statistics, Third Judicial District at Anchorage, which was denied despite satisfying all of the requirements of the state with the exception of being of the same gender. In the wake of the Hawaii Supreme Court's decision in ''Baehr v. Lewin'', in which the Hawaii Supreme Court held that the State's marriage statute constituted sex discrimination under the Hawaii Constitution but was later overturned, the two men sued the State of Alaska.〔 They sought to have the marriage statute denying same-sex marriage declared unconstitutional, and seeking an injunction that would permanently prevent the State from applying or enforcing the statutes denying same-sex marriages.〔 Before the initial hearing was held, the Alaska Legislature made an amendment to the marriage statute to discard the gender-neutral language and restrict marriage to only one man and one woman. Brause and Dugan responded by amending their complaint to ask for a court declaration that this statute was also unconstitutional, arguing that by failing to issue them a marriage license the State had denied them due process and infringed their right to privacy under Alaska's Constitution.〔 Superior Judge Peter Michalski issued his memorandum and order on February 27, 1998, which stated: "The court finds that marriage, i.e., the recognition of one's choice of a life partner, is a fundamental right. The state must therefore have a compelling interest that supports its decision to refuse to recognize the exercise of this fundamental right by those who choose same-sex partners rather than opposite-sex partners."〔() Memorandum and Order of Brause v. Alaska. Hosted on the Queer Resources Directory website. Accessed 9 October 2010.〕 Granting the plaintiffs' motion and denying the State's, Judge Michalski concluded that there must be "further hearings to determine whether a compelling state interest can be shown for the ban on same-sex marriage found in the Alaska Marriage Code."〔Nolan, Laurence & Wardle, Lynn. ''Fundamental Principles of Family Law'', pp. 107–08. Wm. S. Hein Publishing, 2002.〕 Immediately after the ruling, the State filed a petition to the Alaska Supreme Court to review the decision, asserting that the lower court's decision had constituted judicial legislation, wrongly construed the Alaska Constitution as providing a right to same-sex marriage contrary to the history and intent of the constitution, and erroneously held that the marriage law constituted sex discrimination.〔 The Alaska Supreme Court refused to consider the State’s appeal in the ''Brause'' case, allowing litigation to continue. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Alaska Ballot Measure 2 (1998)」の詳細全文を読む スポンサード リンク
|