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Monday, January 01, 2007

Alaska governor vetoes bill banning equal partner benefits

7:58 PM

Alaska's new governor, Sarah Palin, today vetoed a bill that would have denied equality of benefits to the same-sex partners of state workers. The issue of partner benefits for state workers has been a contentious one in Alaska since the state's highest court ruled in October 2005 that denying benefits to same-sex domestic partners violated the equal protection guarantees in the state's constituiton.

Since then, the GOP-controlled state legislature failed in a regular session and in two special sessions to address the issues raised by the court ruling. Facing a court-mandated Jan. 1, 2007 deadline, a state administrator drafted stringent regulations tentatively responding to the court order but neither the state's lieutenant governor or then-Governor Frank Murkowski would sign the regulations.

The issue was kicked back the courts a few times before the legislature finally met in a third special session in November called specifically to address the issue. But instead of adopting regulations of some sort, the legislators passed a law ordering the administration not to implement the regulations that had already been developed by the commissioner of the Office of Administration.

That law, however, was never signed by Murkowski. That left Palin to veto it less than a month after her inauguration. Gaywired.com explains:
The Associated Press reports that the governor said she rejected the bill despite her disagreement with a state Supreme Court order directing the state to offer benefits to same-sex partners of state employees.

Palin said in a media statement that she vetoed the bill on the advice of her new attorney general who said it is unconstitutional."Signing this bill would be in direct violation of my oath of office," Palin said in her media release Thursday night.

The Alaska blog Queer Frontier explained the situation after the Court's latest (and, they said, last) ruling on the blown-out issue:
The state and the Anchorage municipality must provide benefits to the same-sex partners of Gay and Lesbian state employees and employees of the Anchorage municipality on January 1st 2007.

The court also stated that any future challenges of this issue must be taken up in new proceedings. In a nut shell... this particular suit filled against the state by the ACLU and nine gay/lesbian couples has run its course, the court has made its decision, the decision is final and the court will not entertain further discussion.

Of course there will be more discussion as conservative legislators are not going to swallow this pill easily. Although they have said they would abide by the courts decision, I for one don't expect them to do so. They are a nasty bunch that believe they have "God" on their side. As for our new Governor? Forget it! Although she is abiding by the court decision she is not helping us out. She has signed a bill allowing the legislators to call a "special election" which will consider a constitutional amendment banning what the court has just upheld.
Hat tip: Alaska Daily News has a December summary of the story here, but registration is required to view it.

Clearly, there's more to come on this one.

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