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 ...
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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