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Alaska same-sex couples file suit against unfair tax law
Alaska’s gay and lesbian couples who are senior citizens or disabled veterans pay higher property taxes than similar heterosexual couples because we are treated like roommates or business partners instead of couples and families.
Today, three same-sex couples filed a lawsuit against Alaska and Anchorage challenging the unfair tax law.
“The state of Alaska provides a property tax exemption to senior citizens and disabled veterans up to $150,000 the value of their home,” writes Shelby Carpenter, the LGBT Public Policy Director for the ACLU of Alaska.
“Those who qualify and who live with same-sex partners, rather than being treated as a family, are treated as roommates or business partners and are not granted the full exemption that would be offered to married couples. The ACLU of Alaska, ACLU National, and Davis Wright Tremaine LLP filed Schmidt v. Alaska today to challenge the Department of Law’s decision not to grant the full tax benefits to same-sex couples.”
“In short, this is a matter of fairness and equality: the actions of the state clearly discriminate against same-sex couples, and we look forward to the satisfactory resolution of this matter in a court of law.”
Letters were sent to Attorney General Daniel Sullivan and the Office of the State Assessor in July 2009 and January 2010 in attempts to solve this problem. No resolution was found, and the complaint was filed.
Here’s the press release from the ACLU of Alaska:
Three Alaska same-sex couples have filed a lawsuit today challenging the State of Alaska’s tax-assessment rules, which discriminate against same-sex couples by denying them equal access to a property tax exemption for senior citizens and disabled veterans. Those who qualify and who live with same-sex partners are only permitted to, at most, half of the exemption available to opposite-sex married couples because they are treated as roommates rather than families.
The couples, represented by the American Civil Liberties Union and the law firm Davis Wright Tremaine, are asking that the Alaska courts declare this discriminatory law to be unconstitutional.
“Alaska law is clear that denying committed same-sex couples the same rights as married opposite-sex couples is unconstitutional,” said Tom Stenson of the ACLU of Alaska. “For senior couples and disabled vets, every bit of savings counts. These couples should not have to pay more taxes than other families.”
Julie Schmidt, 67, and Gayle Schuh, 62, have been partners for 33 years. After retiring from careers in education and selling their home in Illinois, they moved to Alaska and now own a home in Eagle River. Their bank accounts and real estate holdings are all jointly owned. “We are disappointed to learn that the senior tax exemption treats homeowners in same-sex partnerships differently and we cannot receive the full benefit of the exemption,” said Schuh.
Julie Vollick and Susan Bernard, who have been together for seven years and are raising four children, jointly purchased their Eagle River home in 2004. Vollick retired from the United States Air Force after 20 years of service, including tours in Kuwait, Saudi Arabia, Afghanistan and Pakistan, and has service-related disabilities. “I was proud to serve our country and defend our democratic values,” said Vollick. “All we want is the fairness I’ve fought to defend.”
Fred Traber, 62 and Larry Snider, 69, have been together for 28 years, and have had long careers in Alaska, including small-business ownership and government employment. “We are proud of our relationship and are happy to stand up to ensure that our long-term commitment is treated fairly,” Traber said.
“After building a life and a home together for many years, it’s unfair that the government does not recognize these committed partners as the families that they are,” said Leslie Cooper, senior staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project.
Each couple is denied full access to a $150,000 property tax exemption available to similarly situated opposite-sex married couples. The Alaska Supreme Court has already found that denying equal protection to same-sex couples violates the state constitution. But same-sex couples continue to be subjected to the discriminatory tax assessments.
“We have tried to resolve this issue with the State out of court with no success,” said Roger Leishman of Davis Wright Tremaine. “We’re hopeful that the courts will rule on the side of fairness.”
Read the Schmidt v. Alaska complaint on the ACLU of Alaska website. Anyone in the LGBT community who has questions about the case or would like more information, please contact the ACLU of Alaska.
Gay cruise groups visit glaciers & towns of southeast Alaska
Sara’s News Roundup 8/1/10
Cheers for PFLAG at Golden Days Parade & almost 100 attend Fairbanks Pride Picnic
I would like to give my gratitude to the many members of the community who stepped up to make an amazing Fairbanks Pride Picnic!! I tend to be long winded so if you get bored just skip down to your name and smile. Don’t see your name?? That means you should expect to be recruited to help in next years picnic!!!First I would like to thank PFLAG and the ICOAA, for without their sponsorship you would have been listening to a little boombox and wishing there was food. No seriously, without their financial support and community connections this event could not have been the success it was. Thank you!I would also like to thank College Floral for donating gift certificates to our performance winners. Donations are the bread and butter of non-profits, grassroots, and small community organizations. Every little bit counts and yours was greatly appreciated.The Center for Non-Violent Living, IAA, and IWILL all provided positive community education information. Thank you for taking the time to provide these for us. I hope that we can continue to work together in the effort to educate the masses.A big round of applause to Cheri and Jene, who provided the vendor booth this year. It added a festive aura to the event and gave everyone an opportunity to show their pride on a regular basis. Why get all your pride paraphernalia on the internet when you can support your local businesses and community members by buying local. Look out for these two… they will be spreading rainbows again in the near future.Were you dancing at the picnic… shaking it on a picnic table perhaps? Maybe you were tapping your foot or simply listening to announcements? We have Bernie to thank for that. Bernie responded to my pleas and rushed in to save the day with sound and music. Thank you so much Bernie… you rock!!Many thanks to Pete and Miss Maxine for shuttling people from the end of the parade to the picnic. Thank you to our Emcee Donald who saved me from having to talk in front of all of those people. And put your hands together for our performers Micheal and our current Grand Duchess Kara!!! They took the spotlight from all of you who didn’t manage to get out of bed!!!As many of you know I am still recovering from shoulder surgery and this makes me unable to lift, tote, or move anything. After listening to me make plans for 2 weeks and “puking rainbows” (as she called it) everyday, when the time came my Poppie was there to DO everything. All the hauling, moving, shopping, cleaning, packing… that was all her. Thank you my love, I could not have gotten through it without you.I have one last thank you. To all of you that stopped by, dropped in, hung out, or otherwise attended the picnic, thank YOU. None of this would have been worth it without the guests. It is YOU that made the fun. YOU provided the conversation, YOU provided the dancing, YOU provided the games! And just so everyone knows, there were almost 100 of YOU throughout the day. Thank YOU!!Oh, and don’t forget! There will be voting at College Floral on August 21st for Emperor and Empress of All Alaska. Get out there and cast your vote! Don’t know who to vote for? Find out! Ask your candidates questions, engage them in conversation; find out what they plan to do if they become the new Emperor or Empress. Informed decisions are our own responsibility.Also… PFLAG is still looking for volunteers to sit at their booth at the Tanana Valley State Fair. Please contact Kerry at 45-PFLAG to sign up. Help spread the positive through our community with information!
On behalf of the members and supporters of PFLAG, I would like to give a big, heartfelt thanks to Shayle for pulling together the colorful contingent of participants that carried the borrowed flag from Anchorage (thanks, Anchorage), the signs, and the new PFLAG Fairbanks banner in yesterday’s Golden Days Parade. Most of Fairbanks was there. What a difference a few years of visibility in community make. The crowd was receptive, with pockets of cheers and salutes along the route.Also a big thanks to Jenn for organizing the picnic. Thanks to the Imperial Court of All Alaska in helping underwrite the expenses. It was a good turnout of all ages and talent in the community. It was great to reconnect with friends who hadn’t seen each other in a while.The next big event will be the Tanana Valley State Fair. Kerry is still signing up volunteers and will have free passes for those willing to spend two hours at the PFLAG booth in the Borealus Pavilion anytime between noon and 10pm. (Leave a message at 45-PFLAG.)Dates for the fair: August 6th through the 14th. If you are coming to Fairbanks during that time, stop by and say hi and see how Beverly has adapted the booth to fit the theme of “Barn in the USA.” We aim to be contenders for the decoration prize. Thank you to Alaskans Together for supporting the costs of the fair booth.If you know allies who support our community and would like to become members of PFLAG or provide funds for community events in conjunction with the Court and individuals creating gay-friendly space in Fairbanks, point them to Fairbanks PFLAG at www.fairbankspflag.org or join our Facebook page.
Memorial & Open House for FKen – Aug 5th
Some people did not hear about the initial memorial service for FKen Freedman held soon after his passing, so we’re having a second memorial celebration of his life to coincide with the sale of his home and belongings. Friends and community members are invited to an Open House Remembrance Ceremony and Private Estate Sale on August 5, beginning at 5 p.m.
5-6 PM Hors d’ oevres: Hearty hors d’ oeuvres & open house. Catered by his favorite restaurant – Thai House!
6-7 PM Remembrance Ceremony: FKen’s Celebration of Life was at the U/U Fellowship Hall on May 6th and was hurriedly organized to accommodate FKen’s family from out of state. This is an opportunity for those who were not able to make the original service to collectively gather and share their memories. Those who were at the first service are again invited to this more informal event.
This will be a time to share stories and memories of a remarkable man who is a long-time friend and community organizer. His home, where this event is taking place, is the birthplace of the NorthView and the Identity Helpline. We hope you will join us for an evening with our community, as FKen liked to say, “our tribe” in this very special place.
7-8 PM Private Estate Sale for friends and community members: FKen’s house will be on the market for sale in the next two weeks. Most of FKen’s belongings are in place. This is an opportunity to purchase items from the estate sale before they are offered to the public on Friday and Saturday August 6 & 7th. The proceeds will go to continue FKen’s support of his mother.
Please RSVP for the location and directions.
Arson? Anchorage Gay Float was torched *UPDATES* AFD needs our help!
“They have finally finished the investigation, and said that it is not our fault or an accident,” wrote Paula. “They said that it was started by someone! They are still asking for information from anyone who may know who started it.”
“This has been a horrible situation for everyone involved, and worse to know that this may have been a targeted crime,” wrote Miss MeMe, Empress of the Imperial Court of All Alaska.“I have been incredibly proud that our community has shown great courage and Pride, and I know that we will continue to work together to conquer hate towards our community and its allies. We also continue to support the Butners during what has been a challenging time for them, and continue to be grateful for all of the support they have shown the LGBTA community over the years.”
“Insurance will not cover the sound equipment belonging to Daphne Do All LaChores, emcee of Drag Queen Bingo and PrideFest Parade announcer,” wrote Phyllis of Identity, Inc.Hence, a fundrai$er to replace the equipment—a spaghetti feed with salad on Saturday afternoon, August 14, 2010, from 1:00 to 5:00 pm at Guido’s, 549 W. International Road. Tickets $10.00 per person, $5.00 under 10 years old. $5.50 of every adult ticket sold will go to Daph. There will also be a 50/50 split the pot and silent auction to raise funds for the equipment.”
“We lost our trailer and all of the sound equipment, tools and supplies,” Daphne commented on Linda’s photo essay of the fire. “Ken and I started to upgrade the space into a workshop and storage facility to house all of the decorations and scraps of previous award winning floats. It’s all gone now.”
Answers to "Why do you need a gay parade?"
“Some people have said, “Why do those gay people need to have a special float in the parade at all?” I would answer, that the reality of discrimination and ignorance towards LGBT people is very real in Homer, Alaska—particularly for young people.”
“Well, why do we need a July 4th parade?” I asked. “We don’t – we have it because we want to celebrate our country.”“Even if we didn’t need a gay pride parade, we’d want to have it to celebrate the LGBT community. We celebrate our LGBT groups, mostly run by volunteers, we celebrate the LGBT people in Alaska, we celebrate our friends and allies, and we celebrate that we can have a gay parade in Anchorage, that we have the right to peacefully assemble and celebrate our community. Like the 4th of July parade.”
I would have also mentioned that the Pride Parade comes at the end of Pride Week, which is celebrated in cities all over the country… during a month proclaimed by the President of the United States!The LGBT celebration is no different than that of February and African-American History Month, or March and American Red Cross. Cheers for sticking to your guns, and educating… without getting up on a soap-box… LOL!
Why have a parade at all? To express our pride in something, to show how far we’ve come, to make known that we all are great. Parades are great shows of triumph. We have a gay pride because, hello, we’re in the 21st Century, not the 18th. We have a gay pride because we’re proud, too.Because it’s much friendlier than an equal rights march.Processions have in all peoples and at all times been a natural form of public celebration, as forming an orderly, and impressive ceremony. Symbolic processions were an important tool in the non-violent protest of Gandhi. Marches on Washington include formal processions. I think for us, as a community, to have the parade we are demonstrating our heritage as well as our unity as a community.Why? Simple….as a community WE ALL are largely invisible….how else are we to show that we are here?In one respect, it’s less about being proud of ourselves and more about showing ourselves to the world at large. We’re showing the richness of our diversity and the support we enjoy from our friends and family. But just as much as highlighting our differences, we’re celebrating the things that make us like everyone else, we love, laugh, party and share our lives with friends and family just the same way everyone else does.Is “Why do we need a gay parade? the real question or is it more “Why must you publicly flaunt your gay selves? You know some folks are just not comfortable with anyone who does not fit inside their closet.Unless every GLBT turns purple tomorrow they’ll never know we are even here….THATs why we need a parade. Without it how will they even know we exist? If they don’t know we exist then laws or omissions will be made to make out lives even MORE unequal.To liven things up!The answer to the question should it have been asked by someone who is not comfortable with gays is this: We do not need a gay parade, but you do.To raise awareness that gays are everywhere/can be anybody and to celebrate that we are not alone!I have met so many people who are still struggling to come out of the closet. When I was in the closet I felt ashamed of who I was as a person. Its important to see people who can assert their own identity for everyone who is still struggling, because no one should have to feel ashamed of who they are.I love the ideas expressed here (it WAS one of our bigger parades)! With what happened to the Imperial Court’s float showed the entire community who and what we’re about. We are a loving, inclusive, and as expressed here, diverse community. Our friends, family, and allies especially showed true colors and really came together. I couldnt be more proud of the face we showed. And THAT’S why I feel a Parade is a celebration of who we are and a very healthy way to express our Diversity!
FotF targets Murkowski on DADT & Defense Budget, part 2
“The Abortion amendment FoF is talking about, is the Burris Amendment, which does not in fact affect the prohibition that currently exists on publicly funded abortions at armed services hospitals and even if the amendment passes, female service members will still be forced to privately finance the procedure, thanks to the Hyde Amendment. What it does, is allow military hospitals to provide abortions to women service members in war zones only, at the service member’s own expense.”
“Because that budget also includes the repeal of Don’t Ask, Don’t Tell and a provision for female service members to pay for an abortion at a military hospital, with funds out of their own pockets, should they happen to be raped in a combat zone… so of course the FoF does not like that at all, because as we know its better not to buy bullets and body armor for our service people should the budget include anything to do with the queers or women.”
Gay Games 2010 begins July 31
The Gay Games VIII will take place in Cologne, Germany from July 31 to August 7. Around 12,000 participants from more than 70 countries are expected to attend the Gay Games and celebrate the principles of participation, inclusion and personal best.
The new Duke & Duchess of Fairbanks
I am honored and thrilled to hold the title of Fairbanks Grand Duke XVIII. Thanks goes out to everyone who attended [Saturday] night’s show and for those of you who encouraged me to run this year.I have lived in Fairbanks since May 1998 and have been a non-active participant of the community for years. My first drag show I ever attended was back in the “Palace” days…. where I had the great opportunity to meet some of the best Kings and Queens.I am interested in helping this community not only grow in size but grow together for the good of outreach and community togetherness. During my year as Grand Duke XVIII I hope everyone will support me, advise me, and help me help OUR community be stronger than its ever been. I am open to any and all suggestions to make this year a FABULOUS year!! LET’S DO THIS TOGETHER!!!