Alaska News

With same-sex marriage affirmed nationwide, supporters and opponents ponder future of Alaska LGBT rights

With the U.S. Supreme Court ruling same-sex couples have the right to marry nationwide, Alaska's lesbian, gay, bisexual and transgender advocates celebrated Friday with eyes on the local implications of the ruling.

Caitlin Shortell, one of three attorneys who represented plaintiffs in the Hamby case that struck down Alaska's same-sex marriage ban, said she was elated. Fellow attorney Allison Mendel said she was still in shock, despite figuring the ruling would be announced Friday and having said for months it was only "going to go one way."

"It's hard to take it in," she said.

Marriage became legal for Alaska same-sex couples in October after U.S. District Court Judge Timothy Burgess ruled the state's provision limiting marriage to one man and one woman was unconstitutional under the due process and equal protection clauses of the U.S. Constitution. After the decision, the state continued to appeal it.

In a statement Friday, Alaska Department of Law spokesperson Cori Mills said the state would "likely withdraw" its appeal of the Hamby case to the 9th Circuit Court and continue the status quo of recognizing and permitting marriages between same-sex couples established by the district court last fall.

With Friday's Supreme Court ruling, the 158 same-sex couples wed in Alaska since October 2014 will have their marriages upheld and recognized in other states.

"It's amazing," said Stephanie Pearson, who with her wife Courtney Lamb was among five couples who sued the state in the Hamby case and one of the first Anchorage couples to wed.

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"We are so happy we could be apart of it. We couldn't have asked for more," she wrote in a Facebook message Friday.

"Delighted," wrote fellow plaintiff Matt Hamby, who was traveling in Iceland with his husband, Chris Shelden, when the ruling was issued. "… We are grateful to those who bravely stood up, before we did, to begin this journey."

American Civil Liberties Union of Alaska executive director Joshua Decker called the Supreme Court's ruling " a long time coming," but added that the battle isn't over.

Decker and other LGBT advocates noted access to legally recognized marriage does not mean protection from discrimination under Alaska law. They see the next frontier of LGBT rights in Alaska as updating laws protecting against discrimination in workplaces, housing and public accommodations.

Josh Hemsath, regional development organizer in Alaska for the Pride Foundation, noted there have been no state or local ordinances enacted in Alaska adding sexual orientation or gender identity to nondiscrimination laws. He too was celebrating the court ruling Friday but admitted it was with a tinge of sadness.

"I just think about the fact that someone here in Alaska could celebrate, get married or is already planning to get married this weekend and now that it's officially recognized all across the country, share pictures with their co-workers Monday and find themselves out of work shortly thereafter," he said. "It's just hard to reconcile those two differences in our laws right now."

Decker said he hoped political leaders across Alaska would begin to craft additions to local nondiscrimination laws to include sexual orientation and gender identity.

He believes despite Alaska's conservative politics, the political will for such protections exists.

"What we lack is the courage of some of our elected officials to recognize that this is an important issue for all Alaskans," he said.

Two bills that would have added LGBT protections to the Alaska Human Rights Law -- House Bill 19 and Senate Bill 20 -- failed to gain traction during this year's legislative session.

Alaska Democratic Party chair Mike Wenstrup didn't see that lack of movement as a failure, noting the session barely managed to produce a state budget. He said the party would continue to support efforts to add nondiscrimination protections for LGBT citizens.

"I think we've been in a fight for this for years and I think the fight will continue," he said, "whether local or with the state Legislature."

Alaska Republican Party chair Peter Goldberg said in an interview the fight to protect some people's religious beliefs isn't over either. He suggested the party would likely support a "religious freedom" act similar to one introduced in Indiana.

"Can you force a minister who is morally opposed to (same-sex marriage) perform a wedding? Will there be things pop up at the state and local level? Almost certainly," he said. "This is not over. As long as there are people who espouse Judeo-Christian principles, specifically the one that says marriage is between a man and a woman, until that goes away, this will be around."

The Alaska Family Council, a group that has opposed marriage equality, sent an email hours after the decision was announced asking for donations to help advance "the strongest-possible religious freedom bills" and "rally the pro-family Alaskans whose voices will be needed to pass religious freedom laws."

Council president Jim Minnery said he doesn't believe many people have "changed their tunes" since Anchorage's 2012 Proposition 5 debate that would have added LGBT protections to Anchorage's nondiscrimination ordinance. He said his group expects that to be proposed once again with the incoming administration of Mayor-elect Ethan Berkowitz, who has been vocal in his support of the LGBT community.

Minnery said the debate over Proposition 5 proved "these kinds of measures aren't necessary, that there's not widespread discrimination," but it could be more harmful to "folks just trying to live their lives according to their conscience."

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"None of these decisions that come down, legislation that passes or rulings made by five lawyers from the Supreme Court, they don't change transcendent truth, it just remains how you continue the conversation," he said, noting that his organization would continue to have pastor briefings and possibly town halls as part of that conversation.

JJ Harrier, co-chair for Identity Inc., an Anchorage LGBT advocacy organization, acknowledged conversations are starting about nondiscrimination ordinances but on Friday wanted to focus on celebrating the Supreme Court ruling.

"We really are just celebrating this win for love, this win for marriage equality and celebrating the couples we know that can make that decision without hesitation now," he said. "… This is a battle won, but there are many others to take on and the charge is there."

He added the pride flag found vandalized outside the Identity Inc. offices Tuesday morning remained flying Friday, still not replaced.

"We're not taking that down," he said. "But we are strong and moving forward."

Suzanna Caldwell

Suzanna Caldwell is a former reporter for Alaska Dispatch News and Alaska Dispatch. She left the ADN in 2017.

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