Case: Harris v. Millennium Hotel

S15230 | Alaska state trial court

Filed Date: Sept. 24, 2012

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Case Summary

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 …

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)

People


Attorney for Plaintiff

Croft, Eric (Alaska)

Renn, Peter C. (California)

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Documents in the Clearinghouse

Document

Notice of Constitutional Challenge and Request for Final Decision and Order

No Court

Sept. 24, 2012

Sept. 24, 2012

Pleading / Motion / Brief

Alaska Workers' Compensation Board Final Decision

No Court

March 21, 2013

March 21, 2013

Order/Opinion

Alaska Workers' Compensation Appeals Commission Final Decision

No Court

June 28, 2013

June 28, 2013

Order/Opinion

S15230

Appellant Brief

Alaska state supreme court

Oct. 14, 2013

Oct. 14, 2013

Pleading / Motion / Brief

S15230

Opinion

Alaska state supreme court

July 25, 2014

July 25, 2014

Order/Opinion

330 P.3d 330

Docket

Last updated Aug. 30, 2023, 1:47 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Alaska

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

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):

Private Plaintiff

Attorney Organizations:

Lambda Legal

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

State of Alaska, State

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Equal Protection

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Government services

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-area:

Disparate Treatment

LGBTQ+:

LGBTQ+

Discrimination-basis:

Sexual orientation

Affected Sex or Gender:

Female

Benefit Source:

Social Security Retirement and Death Benefit