In a rare Sunday night and holiday weekend ruling, a federal district judge has ruled Alaska’s ban on same-sex marriage is unconstitutional – for several reasons.
In a case brought by Christopher Shelden and Matthew Hamby (photo, above,), a federal judge has just ruled that the State of Alaska’s ban on same-sex marriage violates both the equal protection and due process clauses of the U.S. Constitution.
The case, which was originally heard in May by U.S. District Court Judge Timothy Burgess — a George W. Bush appointee — was brought by the who married in May of 2008.
“The court finds that Alaska’s ban on same-sex marriage and refusal to recognize same sex marriages lawfully entered in other states is unconstitutional as a deprivation of basic due process and equal protection principles under the Fourteenth Amendment of the U.S. Constitution,†Judge Timothy Burgess wrote in an order released today, the Alaska Dispatch reports.
The Hamby suit was filed in May by five same-sex couples. It challenged the state’s constitutional amendment limiting marriage to one man and one woman, approved by voters in 1998.
The ruling comes less than a week after the 9th U.S. Circuit Court of Appeals ruled to overturn similar marriage bans in Idaho and Nevada. Same-sex marriage advocates said the 9th Circuit ruling would likely lead to the quick overturn of Alaska’s ban on gay marriage because the bans were similar and Alaska also falls under the jurisdiction of that court.
The ruling is available to read here.
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