University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Hamby v. Parnell PB-AK-0004
Docket / Court 3:14-cv-00089-TMB ( D. Alaska )
State/Territory Alaska
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Attorney Organization ACLU Chapters (any)
Case Summary
On May 12, 2014, five same-sex couples living in Alaska filed this lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Alaska, against the state of Alaska. The plaintiffs, represented by private counsel, asked the court to declare Alaska's same-sex marriage ban ... read more >
On May 12, 2014, five same-sex couples living in Alaska filed this lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Alaska, against the state of Alaska. The plaintiffs, represented by private counsel, asked the court to declare Alaska's same-sex marriage ban unconstitutional, to recognize valid marriages carried out in other states, and to enjoin the enforcement of the marriage ban.

In their complaint, the plaintiffs claimed that Alaska's ban on same-sex marriage violated their rights under the Due Process and Equal Protection Clauses. They also claimed that the inability to enter into marriage with their chosen spouse interfered with their procurement of benefits and formation of their families.

The original judge presiding over the case, H. Russell Holland, recused himself on May 21, 2014. The case was then reassigned to Judge Timothy M. Burgess. On October 12, 2014, Judge Burgess granted the Plaintiffs' Motion for Summary Judgment, declaring Alaska's same-sex marriage laws unconstitutional for violating the Due Process and Equal Protection clauses of the Constitution and enjoining enforcement of any laws that prohibit same-sex couples from marrying or deny recognition of lawful same-sex marriages from other states.

On October 14, 2014, the Defendants appealed to the United States Court of Appeals for the Ninth Circuit. On October 15, 2014, the Court of Appeals granted a temporary stay of the District Court's judgment until midnight on October 17, allowing appellants to seek a stay from the Supreme Court of the United States. On October 17, 2014, the Supreme Court denied the application for stay, dissolving the temporary stay granted by the Court of Appeals.

On February 27, 2015, the Ninth Circuit granted the plaintiffs' (opposed) motion to stay the appeal pending the U.S. Supreme Court's decision in Obergefell v. Hodges (PB-OH-0003 in this Clearinghouse). The proceedings are stayed until 14 days after the decision issues in Obergefell or June 30, 2015, whichever occurs first.

Megan Dolan - 06/27/2014
Claire Lally - 02/09/2015
David Hamstra - 03/22/2015


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Discrimination Prohibition
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) State of Alaska
Plaintiff Description Plaintiffs are five same-sex couples living in Alaska and wish for the state to recognize their marriages conducted in other states and to marry in Alaska.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Declaratory Judgment
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2014 - n/a
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple’s 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
3:14-cv-00089-TMB (D. Alaska) 12/03/2014
PB-AK-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 05/12/2014
PB-AK-0004-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Notice of Recusal 05/21/2014
PB-AK-0004-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER 10/12/2014 (D. Alaska)
PB-AK-0004-0003.pdf | Detail
Judgment in a Civil Case 10/14/2014 (D. Alaska)
PB-AK-0004-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Burgess, Timothy Mark (D. Alaska)
PB-AK-0004-0003 | PB-AK-0004-0004 | PB-AK-0004-9000
Holland, Hezekiah Russel (D. Alaska)
PB-AK-0004-0002
Monitors/Masters None on record
Plaintiff's Lawyers Gardner, Heather Leigh (Alaska)
PB-AK-0004-0001 | PB-AK-0004-9000
Mendel, Allison E. (Alaska)
PB-AK-0004-0001 | PB-AK-0004-9000
Shortell, Caitlin (Alaska)
PB-AK-0004-0001 | PB-AK-0004-9000
Defendant's Lawyers Milks, William E. (Alaska)
PB-AK-0004-9000
Wakley, Kevin Todd (Alaska)
PB-AK-0004-9000
Other Lawyers None on record

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