Repeal Alaska’s Constitutional Amendment Prohibiting Same-Sex Marriage

David submitted the following article to the Juneau Empire as a My Turn piece on June 11. He just found out that the Empire doesn’t run candidate pieces, so he’s published it here.

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In 1998, Alaska voters approved a constitutional amendment prohibiting same-sex marriage by a vote of 152,965 to 71,631. This marked the first and only time in Alaska’s history that a constitutional amendment took rights away from a group of people. Yet despite the fact that this amendment passed by a 2-1 vote, it’s a violation of the U.S. Constitution and directly conflicts with the Alaska Constitution, because both documents guarantee citizens equal protection under the law.

Ratified in 1868, the 14th amendment to the U.S. Constitution has been cited numerous times by the U.S. Supreme Court in rulings which eliminated discrimination, including the desegregation of public schools in Brown v. Board of Education, and overturning Virginia’s ban on interracial marriage in Loving v. Virginia. The Loving case, decided in 1967, is relevant in this debate, because the arguments against interracial marriage parallel those against same-sex marriage.

In Loving, an African-American woman and a white man were sentenced to one year in jail for living in Virginia as husband and wife. The trial judge suspended their sentence on the condition that they leave Virginia and not return together for 25 years. In his ruling, the judge stated that “Almighty God created the races white, black, yellow, malay and red, and placed them on separate continents. And, but for the interference with this arrangement, there would be no cause for such marriage. The fact that he separated the races shows that he did not intend for the races to mix.” The U.S. Supreme Court struck down Virginia’s law – and the law in 15 other states as well – based in part on the fact that “(m)arriage is one the ‘basic civil rights of man,’ fundamental to our very existence and survival.”

Most people would agree that the statements made by the Virginia judge are not only supremely offensive, but ridiculous as well. Yet we should ask ourselves – Are the arguments made today against same-sex marriage really any different than those made against interracial marriage? The reasons for and against same-sex marriage have been made numerous times in the pages of this newspaper [Juneau Empire]; I won’t recite them again. But, I believe there is no difference. The disparate treatment of one group versus everyone else, whether it be based on race, ethnicity, age, gender, or sexual orientation, is discrimination, pure and simple.

Not only does Alaska’s amendment violate the U.S. Constitution, but it is in direct conflict with Alaska’s Constitution as well. Article 1, Section 1 of the Alaska Constitution guarantees Alaskans equal rights, opportunities and protection under the law. It also guarantees everyone the right to pursue happiness, which most people believe is one of the basic human rights of a civilized society. This idea was not lost on the Loving court, which stated that “(t)he freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.” Yet our own Constitution contains an amendment that denies same-sex couples the ability to pursue what the U.S. Supreme Court recognized as one of the most vital personal rights – not only the right to marry, but the right to enjoy all the additional benefits that accompany marriage.

When those 152,965 people stepped into the voting booth in 1998 and voted to amend Alaska’s Constitution to remove rights from an entire group of people, what were they thinking? Were they motivated by religion, fear, hate, bigotry, ignorance, or something else entirely? I don’t know. What I do know is that we as a people must reject all forms of discrimination, regardless of where it comes from or how it materializes.