News
2006-10-31
Alaska's governor
calls special session to determine DP benefits
The governor of
Alaska called a special session of the
state legislature Friday to determine how the state
The governor of
Alaska called a special session of the
state legislature Friday to determine how the state
should pay court-ordered benefits for same-sex
domestic partners of state employees and retirees.
Gov. Frank Murkowski called the special session over the
objections of Lt. Gov. Loren Leman, who questioned his
authority to implement the regulations. The state is
facing a January 1 deadline.
Scott Nordstrand, commissioner of the Department
of Administration, said he wants to make sure the
regulations that are adopted can withstand any legal
challenge. ''This is to solve a very real problem in short
order,'' he said.
The 30-day session is scheduled to start
November 13. However, Nordstrand said if the
legislature, which did not take up the issue during its
regular session and two subsequent special sessions on the
natural gas pipeline contract, failed to implement
regulations, he would.
The issue goes back to 1999, when the American
Civil Liberties Union and nine couples filed a lawsuit
challenging the lack of benefits for same-sex partners
of those employed by the state and the
municipality of Anchorage. About a year ago, the state
supreme court ordered the state of Alaska to extend
benefits to same-sex couples, finding that denying
them violated the state's guarantee of equal
protection for all Alaskans because the state constitution
restricts marriage to a man and a woman.
The supreme court set a deadline of January 1
for having the benefits in place and sent the lawsuit
back to a lower court for implementation. Last month
superior court judge Stephanie Joannides sided with the ACLU
in finding that the regulations proposed by the state
were too restrictive. The judge also found that the
types of benefits to be offered to same-sex couples
were too narrow.
The proposed rules, for example, required that
same-sex couples attest to being in a committed
relationship for at least 12 months and document each
year they are still together. Joannides found that
requirement to be ''excessively burdensome.''
Michael Macleod-Ball, executive director of the
ACLU of Alaska, said the state's preliminary
regulations required same-sex couples to satisfy six
of nine criteria. After the judge's ruling, the state
''tweaked'' them to require five of eight be met, he said.
Macleod-Ball said he expected a response from
the court on the state's most recent proposal within
days. (Mary Pemberton, AP)
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