Filed Date: Sept. 24, 2012
Clearinghouse coding complete
On September 24, 2012, a plaintiff whose same-sex partner was killed in a work-related accident filed Notice of Constitutional Challenge and Request for Final Decision and Order with the Alaska Workers' Compensation Board. The plaintiff argued that Alaska law guaranteeing benefits to "widows" and "widowers" was unconstitutional as state law prevented plaintiff from marrying her same-sex partner. On March 21, 2013, the Alaska Workers' Compensation Board decided that it did not have jurisdiction to decide a constitutional claim and that plaintiff was denied survivor benefits since she and her partner were not legally married.
On July 25, 2013, the plaintiff appealed to the Alaska Supreme Court, arguing that the denial of survivor benefits to same-sex couples violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment of the U.S. Constitution.
On July 25, 2014, the Court ruled that marriage could not be used as criteria to judge whether or not a surviving partner in a same-sex couple was entitled to survivors' benefits, because "same-sex couples are absolutely prohibited from marrying under Alaska law." The Court noted that if Alaska's constitutional amendment banning same-sex marriage were to be interpreted to prohibit such benefits, it would likely violate the federal equal protection clause. The Court vacated the Alaska Workers' Compensation Appeals Commission's decision and remanded to the Commission for further proceedings consistent with the Court's opinion that such denial violates the equal protection clause.
Summary Authors
Carlyn Williams (1/27/2014)
Nadji Allan (11/6/2014)
Croft, Eric (Alaska)
Renn, Peter C. (California)
Last updated Aug. 30, 2023, 1:47 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Alaska
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: Sept. 24, 2012
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff is the surviving same-sex partner of an employee of the defendant who was killed at work.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Millennium Hotel, Private Entity/Person
New Hampshire Insurance Co., Private Entity/Person
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
General:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Discrimination-area:
LGBTQ+:
Discrimination-basis:
Affected Sex or Gender:
Benefit Source: