A long-overdue Bent Alaska update — October 2013

Juneau sales tax discriminates against same sex partners

A tax exemption policy on the City and Borough of Juneau’s books technically violates the Alaska Constitution, and Assemblyman Jonathan Anderson wants it corrected.

He addressed the assembly on Friday and presented the problem and two ways of fixing it.

The city code allows senior citizens to apply for an exemption to the sales tax. Their “spouses” who are under age 65 are allowed the same benefit.

Anderson said that’s where the language is unconstitutional, and cited ACLU vs. State and Municipality of Anchorage, a 2005 Alaska Supreme Court case. Alaska state law prohibits same sex marriages, but on the same token the tax exemption benefit can’t exclude domestic partners or folks who can’t get married, the state’s top court ruled then.

“The law says you can’t exclude people on basis of marriage when one group is excluded from getting married,” Anderson said in an interview. “To make our code constitutional, we need to add ‘and same-sex partners.'”

The other option to fix the issue of violating the state constitution, is for the city to no longer offer a sales tax exemption for all senior citizens.

Anderson noted the city already addressed this issue in other portions of its code, including establishing rules for providing benefits for domestic partners of its employees.

City Attorney John Hartle said he had reviewed the information and found Anderson’s assessment to be correct.

Hartle said if the assembly chooses to go the route of inserting the language “or same-sex partners” it will have to be sure similar documentation standards are implemented as with married couples.

“I will suggest what is probably apparent,” said Assemblyman Bob Doll. “What we really want to do is insert the language, ‘or same-sex partners’ and proceed that way.”

The finance committee will review the code amendment issue at its November meeting.

“The assembly will have to decide do we remove it entirely or do we provide it for same sex partners,” Anderson said in an interview.

Fairbanks ex-Air Force sergeant sues Rapid City, SD

“Given the city of Rapid City’s unwillingness to acknowledge the wrongful and unlawful acts done by Officer (Jeremy) Stauffacher, (Det. Tom) Garinger and other members of the police department, we have no choice but to file a lawsuit against the city of Rapid City in federal court,” [Newsome’s attorney Jeffrey] Fransen said.

Newsome’s case first came to light in March, when the American Civil Liberties Union of South Dakota sent a letter to Mayor Alan Hanks alleging the police department had violated Newsome’s privacy and constitutional rights by sharing information about her sexual orientation with Air Force officials.

In the March 19 letter, ACLU executive director Robert Doody asked the police department to pay damages and issue an apology to Newsome, along with reprimanding the officers involved in the incident and changing department policy to ban the release of information about military members’ sexuality.

The incident in question occurred Nov. 20, 2009, when officers, in the course of serving an out-of-state felony arrest warrant on charges of grand theft for Cheryl Hutson, noticed an Iowa marriage certificate with Hutson and Newsome’s names on it at their home.

That detail was included in the police report, a document that Garinger later shared with the Office of Special Investigation at Ellsworth. Stauffacher was also involved in the arrest.

Newsome was discharged from the military in January. Under the military’s “don’t ask, don’t tell” policy, service members cannot be asked about their sexual orientation, but evidence of homosexual behavior is grounds for discharge.

The ACLU of South Dakota got involved in February, when it filed a formal complaint against the police department for its role in Newsome’s discharge.

Police Chief Steve Allender responded with an internal investigation March 19 that concluded no department policy had been violated by providing the police report to base officials. Allender said it was long-standing policy to share information with the Air Force when a service member’s conduct is potentially criminal.

GLAAD media training in Anchorage

Adam Bass, a Senior Media Strategist at GLAAD in Los Angeles, is coming to Anchorage to offer a media workshop for the LGBT community and allies. Community members, religious and organization leaders, and allies are invited to come to the workshop.

The event will be from 10am to 1pm on Saturday, September 11, at the conference room in the lower level of 1057 West Fireweed Lane.

The workshop will focus on how to tell our stories and build support through media advocacy. By ensuring that the stories of LGBT people are heard through the media, we will promote understanding, increase acceptance, and advance equality.

Participants will learn the ins and outs of communications strategy, talking points, media interviews, and the power of telling their story.

Communications work, like lobbying or door knocking, involves strategy that can move public opinion about issues to accomplish a goal. This advocacy workshop will give you the resources you need to speak up about equality, to move public opinion, and to help make equality in Anchorage a reality!

The workshop will be free of charge. For more information, please contact Adam Bass, Senior Media Strategist at GLAAD, the Gay & Lesbian Alliance Against Defamation.

One year after the Assembly passed Ordinance 64

Shelby Carpenter, the ACLU of Alaska’s LGBT director, wrote a guest editorial “Discrimination puts all Alaskans at risk” in this week’s Anchorage Press. She looks at the effects of Mayor Sullivan’s veto of the equal rights ordinance passed by the Assembly on August 11 one year ago, and looks ahead to the ACLU’s tax discrimination case. She concludes:

“In an age when gay couples are constantly in the media, when we watch “Will and Grace” on TV and see “Brokeback Mountain” in the movie theatre, it can be easy to forget that lesbian, gay, and transgender equality is about livelihoods rather than lifestyles. Because of discrimination, gay and transgender Alaskans suffer economically. Supporting equal rights is as simple as supporting the right of all Alaskans to earn a living and provide for their families.

“In this economy, no one should lose a job for reasons that have nothing to do with their job performance. We know that Anchorage is better than this.

“Alaska’s lesbian, gay, bisexual, transgender community and allies encourage the Anchorage Assembly to act once more to make the fair treatment of all Alaskans the law. As a community we can and must move forward.”

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.

Alice and LuLu in Fairbanks, Frontrunners in Anchorage

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Court upholds right to attend Prom with a same sex date

Students have a First Amendment right to bring a same-sex date and wear gender non-conforming clothes to the prom, a federal court ruled today. School officials violated Constance McMillen’s rights when they canceled the prom rather than let her attend with her girlfriend and wear a tux.

“All I ever wanted was for my school to treat me and my girlfriend like any other couple that wants to go to prom,” said McMillen, an 18-year-old senior at Itawamba Agricultural High School in Fulton, Mississippi. “Now we can all get back to things like picking out our prom night outfits and thinking about corsages.”

School officials told McMillen that she could not arrive at the prom with her girlfriend, who is also a student at the school, and that they might be thrown out if any other students complained about their presence. The school board canceled the prom when the ACLU and the Mississippi Safe Schools Coalition demanded that the district reverse its decision.

In the 12-page ruling, the court wrote, “The record shows Constance has been openly gay since eighth grade and she intended to communicate a message by wearing a tuxedo and to express her identity through attending prom with a same-sex date. The Court finds this expression and communication of her viewpoint is the type of speech that falls squarely within the purview of the First Amendment. The Court is also of the opinion that the motive behind the School Board’s cancellation of the prom, or withdrawal of their sponsorship, was Constance’s requests and the ACLU’s demand letter sent on her behalf.” Further, the court says that since the school represented the private prom being organized by parents at a furniture store as open to all students, then the court expects that event will indeed invite McMillen and her girlfriend.

McMillen said that she plans to attend the “private” prom, but has also long planned to attend the Mississippi Safe Schools Coalition’s Second Chance Prom, to be held Saturday, May 8 in Tupelo. That event, sponsored by Green Day, Tonic.com, Iron Chef Cat Cora, and Lance Bass, among others, will be open to all LGBT students in the state, as well as straight students who are LGBT-supportive. The MSSC and the ACLU deal every year with complaints from LGBT students all over Mississippi who face resistance from their schools about bringing same-sex dates to proms or who don’t feel safe going to their own school proms.

“Today’s ruling isn’t just a win for Constance and her girlfriend – it’s a win for all the students at her school, and for all lesbian, gay, bisexual, and transgender students who just want to be able to be themselves at school without being treated unfairly,” said Kristy Bennett, Legal Director of the ACLU of Mississippi. “Public schools can’t just stomp on students’ free expression rights just because they don’t want to deal with these students, and if schools do try to do that they’ll be dealing with us.”

In Alaska, some LGBT students bring same sex dates to their school prom, if they feel comfortable doing that. Many don’t attend prom or bring an opposite sex friend to fit in. But they have the right to bring a same sex date, if they want to.

Alaska also has an alternate prom for LGBT students and their high school allies. The annual Pride Prom is the closing event for Day of Silence/Night of Noise, organized in Anchorage by the Gay-Straight Alliance student clubs.

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