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IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

THIRD JUDICIAL DISTRICT AT ANCHORAGE

 

THE ALASKA CIVIL LIBERTIES UNION;

DAN CARTER and AL INCONTRO;

LIN DAVIS and MAUREEN LONGWORTH;

SHIRLEY DEAN and CARLA TIMPONE;

DARLA MADDEN and KAREN WOOD;

AIMEE OLEJASZ and

FABIENNE PETER-CONTESSE;

KAREN STURNICK and

ELIZABETH ANDREWS;

THERESA TAVEL and KAREN WALTER; and

CORIN WHITTEMORE and

GANI RUTHELLEN,

Plaintiffs,

 

v.

 

THE STATE OF ALASKA, and

THE MUNICIPALITY OF ANCHORAGE,

Defendants.

 

Case No. 3AN-99-_____ CIV

 

 

COMPLAINT

 

COME NOW the Plaintiffs, the Alaska Civil Liberties Union; Dan Carter and Al Incontro; Lin Davis and Maureen Longworth; Shirley Dean and Carla Timpone; Darla Madden and Karen Wood; Aimee Olejasz and Fabienne Peter-Contesse; Karen Sturnick and Elizabeth Andrews; Theresa Tavel and Karen Walter; and Corin Whittemore and Gani Ruthellen, and for their cause of action against the Defendants, the State of Alaska and the Municipality of Anchorage [henceforth "Defendants" or "the State"], state as follows:

 

INTRODUCTION

 

The Plaintiffs bring this action under the Alaska State Constitution to seek relief from the intentional and severe discrimination that has been aimed at their relationships by their employers, the divisions and agencies of the State of Alaska, its cities and municipalities. Plaintiffs are eight gay and lesbian couples, committed adults in long term, intimate relationships, sharing their homes and their lives. In this action, they seek equal access to certain health, pension and insurance rights and privileges that the State offers to government employees for the promotion of stability and security in their relationships. The statutes and regulations of Alaska now reserve those rights and privileges exclusively to married heterosexual couples and deny them to similarly situated gay and lesbian couples. Under the current state of the law in Alaska, gay and lesbian couples are excluded from the institution of marriage. As a result, Defendants’ use of marriage as the exclusive touchstone for employment rights and privileges categorically excludes Plaintiffs from receiving the support that the State offers to similarly situated heterosexual couples. This disfavored treatment of gay and lesbian couples is fully intentional; indeed, it is inscribed into the very statutes of Alaska.

 

The impact that the State’s discrimination has upon the Plaintiff couples is profound. In denying them health coverage, other forms of insurance, and equal participation in pension and retirement plans, the State seriously hampers the Plaintiffs’ ability to conduct the primary activities of their lives. If a lesbian employee of the State dies, the State does not allow her partner to have the full measure of the pension that the employee has spent a lifetime earning, while a married spouse in the same situation could receive the pension freely. If the gay partner of a state employee falls ill, the State excludes him from the security of his partner’s health care coverage, security that would be freely available if he and his partner were married. The safety nets that other couples in Alaska depend upon for security and financial stability in both the lives that they build together and the retirements that they plan together are denied to the Plaintiff couples, merely because they are gay.

 

Plaintiffs do not challenge the Alaska Constitution’s exclusion of gay and lesbian couples from marriage. Plaintiffs challenge the State’s additional decision to predicate a vast array of employment-related rights and privileges exclusively on marriage, which knowingly consigns gay and lesbian couples to second-class status. This the State cannot do, for it violates one of the fundamental principles enshrined in the Alaska Constitution: that invidious discrimination is anathema to this State.

 

Such unfair treatment of gay and lesbian relationships, which constitutes discrimination on the basis of both sexual orientation and gender, would require careful scrutiny, regardless of the precise nature of the rights and privileges at stake. When such discrimination also results in the imposition of broad and undifferentiated hardships as extraordinary as those in the present case, the Alaska Constitution is even more deeply offended.

 

JURISDICTION AND VENUE

 

1. Plaintiffs are residents of the State of Alaska.

 

2. Venue in this action is appropriate in the 3rd Judicial District at Anchorage.

 

This Court has jurisdiction over this action pursuant to AS 22.10.020.

 

GENERAL ALLEGATIONS

 

Restrictions on Marriage Under

 

Alaska Law and the Alaska Constitution

 

3. On January 3, 1999, Article I, section 25 of the Alaska Constitution took effect.

 

4. Article I, section 25 provides: "To be valid or recognized in this State, a marriage may exist only between one man and one woman."

 

5. The purpose and effect of Article I, section 25 was to prevent same-sex couples from entering into the legal institution of marriage in Alaska.

 

6. Alaska law defines marriage as "a civil contract entered into by one man and one woman." AS 25.05.011 (1998).

 

7. Under AS 25.05.011 and Article I, section 25 of the Alaska Constitution, all of the Plaintiff couples are excluded from the institution of marriage.

 

Employment Rights and Privileges

 

8. Under applicable state statutes and regulations, an employee of a state or municipal agency receives certain employment rights and privileges. These include health-care coverage (e.g. AS 21.44.345; AS 14.25.168(d); AS 39.35.535(c)), and participation in retirement and pension plans.

 

9. Under applicable state statutes and regulations, an employee of a state or municipal agency has the option of sharing these employment rights and privileges with his or her married spouse. Employees of state and municipal agencies enjoy employment privileges that, among other things, (i) cover their spouses under the favorable state policy for health insurance; (ii) provide their spouses with a joint and survivor annuity at retirement; (iii) provide pre-retirement death benefits for their spouses; and (iv) continue full health insurance coverage for their spouses upon retirement. In addition, employees may also take advantage of options for long-term care and life insurance policies to protect their spouses.

 

10. If the Plaintiff couples were married, the state employees in the relationships would be able to share these employment rights and privileges with their married spouses.

 

11. Applicable state statutes and regulations do not give employees the option of sharing these employment rights and privileges with anyone other than a married spouse, marriage is the exclusive touchstone for the conferral of these rights and privileges.

 

12. An Alaska statute expressly provides that "A same-sex relationship may not be recognized by the state as being entitled to the benefits of marriage." AS 25.05.013(b).

 

13. Under AS 25.05.013(b), all of the Plaintiff couples are categorically excluded from the employment-related rights and privileges afforded by the State to married heterosexual couples.

 

14. As a result, under applicable state statutes and regulations, the state and municipal employees in the Plaintiff couples do not have the option of sharing their employment rights and privileges with their partners and are unable to do so.

 

15. The state and municipal employees in the Plaintiff couples would share their employment rights and privileges with their partners if they were able to do so.

 

THE PLAINTIFFS

 

Dan Carter and Al Incontro

 

16. Plaintiffs Dan Carter and Al Incontro are fifty-two and sixty-eight years old, respectively. They have been involved in an intimate, committed, loving relationship for over thirty years and reside together as domestic partners in Anchorage, Alaska, where they share the expenses of their home.

 

17. Carter and Incontro share joint finances and a joint mortgage on both their primary residence and an investment property in Florida. They list each other as primary beneficiary on both their wills and their life insurance policies.

 

18. Carter and Incontro consider themselves to be life partners and hold themselves out to their families and their community as a couple participating in a committed relationship.

 

19. Carter is currently employed by the Department of Public Transportation of the Municipality of Anchorage, Alaska, where he has worked for twenty years.

 

20. Incontro is retired.

 

21. Carter receives certain rights and privileges from his employment with the Municipality. These include health insurance, retirement-related health coverage, and a pension.

 

22. Carter desires to share these employment-related rights and privileges with Incontro, and Incontro would take advantage of these rights and privileges if he were permitted to do so. Incontro specifically wishes to take advantage of Carter’s health coverage (including dental coverage and a prescription drug program), retirement plan, and death benefits. This coverage would substantially supplement the retirement coverage that Incontro currently receives from his former, private employer.

 

23. The applicable laws permit Carter to share these employment-related rights and privileges only with his "spouse." Therefore, Incontro cannot take advantage of Carter’s health coverage, pension, or other rights and privileges.

 

24. As a result of his inability to take advantage of Carter’s medical coverage, Incontro receives inferior health-related services. As a result of his inability to take advantage of Carter’s pension, Incontro must forego benefits that the parties have accrued during their relationship and which, if the parties were married, would belong to them jointly and would protect Incontro in the event of Carter’s death.

 

Lin Davis and Maureen Longworth

 

25. Plaintiffs Lin Davis and Maureen Longworth are fifty-seven and forty-eight years old, respectively. They have been involved in an intimate, committed, loving relationship for eleven years and reside together as domestic partners in Juneau, Alaska, where they share the expenses of their home.

 

26. Davis and Longworth share joint finances and a joint mortgage on their home. They have mutual wills and durable powers of attorney, and each has a life insurance policy naming the other as beneficiary. They share joint checking and savings accounts, joint credit cards, and both are listed on the titles of their two cars.

 

27. Davis and Longworth consider themselves to be life partners and hold themselves out to their families and their community as a couple participating in a committed relationship.

 

28. Davis is currently employed by the State Department of Labor and Workforce Development, an agency of the State of Alaska, where she has worked for three years.

 

29. Longworth is not a city or state employee.

 

30. Davis receives certain rights and privileges from her employment with the State. These include health insurance, retirement-related health coverage, and a pension.

 

31. Davis desires to share these employment-related rights and privileges with Longworth, and Longworth would take advantage of these rights and privileges if she were permitted to do so. Longworth specifically wishes to take advantage of Davis’s health coverage, as she must currently pay for her own insurance under a plan with her private employer. This plan is both expensive and inferior to Davis’s coverage from the State.

 

32. For example, Longworth recently had approximately $20,000 worth of dental work done. This work would have been covered under Davis’s insurance plan, but was not covered under Longworth’s.

 

33. Davis also specifically wishes to purchase a joint and survivor annuity for Longworth when she retires, so that Longworth would be a beneficiary of her retirement and pension.

 

34. The applicable laws permit Davis to share these employment-related rights and privileges only with her "spouse." Therefore, Longworth cannot take advantage of Davis’s health coverage and pension.

 

35. As a result of her inability to take advantage of Davis’s medical coverage, Longworth must pay for her own health insurance. As a result of her inability to take advantage of Davis’s pension, Longworth must forego benefits that the parties have accrued during their relationship and which, if the parties were married, would belong to them jointly and would protect Longworth in the event of Davis’s death.

 

36. Davis and Longworth are now in the process of planning for their retirement. Davis’s inability to share her employment-related rights and privileges with Longworth substantially interferes with the couple’s ability to plan a secure and affordable retirement.

 

Shirley Dean and Carla Timpone

 

37. Plaintiffs Shirley Dean and Carla Timpone are forty-nine and fifty years old, respectively. They have been involved in an intimate, committed, loving relationship for twenty years and reside together as domestic partners in Douglas, Alaska, where they share the expenses of their home.

 

38. Dean and Timpone share joint finances and a joint mortgage on their home. They share joint bank accounts, and both their names are listed on the cars that they own. They have mutual wills and durable powers of attorney, and each has a life insurance policy naming the other as beneficiary.

 

39. Dean and Timpone consider themselves to be life partners and hold themselves out to their families and their community as a couple participating in a committed relationship.

 

40. Dean is currently employed by the Department of Revenue, an agency of the State of Alaska, where she has worked for ten years. She has been an employee of the State of Alaska for approximately fifteen years.

 

41. Dean receives certain rights and privileges from her employment with the State. These include health insurance, retirement-related health coverage, and a pension. Since she was a state employee starting before 1986, Dean is eligible to share full medical coverage with her spouse at no cost.

 

42. Dean desires to share these employment-related rights and privileges with Timpone, and Timpone would take advantage of them if she were able to do so.

 

43. Dean also wishes to purchase a joint and survivor annuity for Timpone when she retires, so Timpone would be a beneficiary of her retirement plan and pension.

 

44. The applicable laws permit Dean to share her employment-related rights and privileges only with her "spouse." Therefore, Timpone cannot take advantage of these health coverage and pension.

 

45. Timpone is not currently employed with the State of Alaska. She resigned from a position with the State less than a year ago so that she could care for her father in New York after her mother fell ill and died. Because she cannot be covered under Dean’s health insurance, she has had to find private medical coverage on her own. Originally, Timpone purchased a private insurance plan that covered only catastrophic illness. This plan was both expensive and inferior to Dean’s coverage from the State. When this plan became too expensive for her to afford, Timpone took part-time employment that includes medical coverage.

 

46. Dean will be eligible for early retirement soon. If she were able to share her employment-related rights and privileges with Timpone as her spouse, the couple would enjoy full medical coverage under Dean’s retirement plan.

 

47. As a result of her inability to take advantage of Dean’s medical coverage, Timpone must pay for her own health insurance and alter her employment decisions so as to receive coverage. As a result of her inability to take advantage of Dean’s pension, Timpone must forego benefits that she and Dean have accrued during their relationship and which, if they were married, would belong to them jointly and would protect Timpone in the event of Dean’s death. As a result of her inability to take advantage of Dean’s retirement-related rights and privileges, the couple’s ability to plan a secure and affordable retirement has been substantially impaired.

 

Darla Madden and Karen Wood

 

48. Plaintiffs Darla Madden and Karen Wood are forty-two and thirty-three years old, respectively. They have been involved in an intimate, committed, loving relationship for eight years and reside together as domestic partners in Juneau, Alaska, where they share the expenses of their home.

 

49. Madden and Wood share joint finances and a joint mortgage on their home. They have joint checking accounts, savings accounts and credit cards, and they list each other as primary beneficiary on both their wills and their life insurance policies.

 

50. Madden and Wood consider themselves to be life partners and hold themselves out to their families and their community as a couple participating in a committed relationship.

 

51. Madden is currently employed by the State Department of Health and Social Services, an agency of the State of Alaska. Wood is currently employed by the Department of Revenue, an agency of the State of Alaska.

 

52. Madden and Wood receive certain rights and privileges from their employment with the State. These include health insurance, retirement-related health coverage, and a pension.

 

53. If Madden and Wood were married, they could mutually cover each other as spouses under the State’s medical insurance plan. If they each had both their own policy and coverage through the other’s policy, each would have close to 100% health coverage, as the second policy would pay nearly all expenses left unreimbursed by the first policy. Because they are not married, however, each must pay a significant portion of her own medical expenses.

 

54. Madden and Wood desire to share these health- and pension-related rights and privileges with each other, and each would take advantage of these rights and privileges if she were permitted to do so.

 

55. The applicable laws permit Madden and Wood to share these employment-related rights and privileges only with their "spouses." Therefore, Madden and Wood cannot take advantage of each other’s rights and privileges.

 

56. As a result of their inability to take advantage of each other’s medical coverage, Madden and Wood must pay higher rates for their health insurance. As a result of their inability to take full advantage of each other’s pensions, they each forego benefits that they parties have accrued during their relationship and which, if the parties were married, would belong to them jointly, and would protect them in the event of the other’s death.

 

Aimee Olejasz and Fabienne Peter-Contesse

 

57. Plaintiffs Aimee Olejasz and Fabienne Peter-Contesse are thirty-three and thirty-eight years old, respectively. They have been involved in an intimate, committed, loving relationship for nine years and reside together as domestic partners in Juneau, Alaska, where they share the expenses of their home.

 

58. Olejasz and Peter-Contesse share joint finances and a joint mortgage on their home. Both their names are listed on the cars that they own, and they share joint bank accounts and credit cards. They list each other as primary beneficiary on both their wills and their life insurance policies.

 

59. Olejasz and Peter-Contesse consider themselves to be life partners and hold themselves out to their families and their community as a couple participating in a committed relationship.

 

60. Peter-Contesse is an employee of the Alaska State Department of Fish and Game, where she has worked since 1998. She has worked for the State of Alaska for a total of ten years.

 

61. Olejasz is a licensed massage therapist and desires to pursue that profession on a full-time basis. However, she is unable to work as a full-time massage therapist because that work does not provide medical insurance and other forms of coverage, which Olejasz needs and cannot otherwise afford. Olejasz has worked for the State of Alaska since 1996 in order to secure these rights and privileges. Since July 1999, she has been employed by the Alaska Department of Military and Veteran’s Affairs. Prior to that, she was employed by the Alaska Department of Transportation.

 

62. Peter-Contesse receives certain rights and privileges from her employment with the State. These include health insurance, retirement-related health coverage, and a pension.

 

63. Peter-Contesse desires to share these employment-related rights and privileges with Olejasz in order to make available to Olejasz the option of leaving her employment with the State and pursuing her career in massage therapy, and Olejasz would take advantage of these rights and privileges if she were permitted to do so.

 

64. The applicable laws permit Peter-Contesse to share these employment-related rights and privileges only with her "spouse." Therefore, Olejasz cannot take advantage of these health coverage and pension.

 

65. As a result of her inability to take advantage of Peter-Contesse’s employment-related rights and privileges, Olejasz has been unable to pursue a full-time career in her chosen profession. As a result of her inability to take advantage of Peter-Contesse’s retirement coverage and pension, Olejasz must forego benefits that the parties have accrued during their relationship and which, if they were married, would belong to them jointly and would protect Olejasz in the event of Peter-Contesse’s death.

 

Karen Sturnick and Elizabeth Andrews

 

66. Plaintiffs Karen Sturnick and Elizabeth Andrews are forty-two and forty-nine years old, respectively. They have been involved in an intimate, committed, loving relationship for seven years and reside together as domestic partners in Juneau, Alaska, where they share the expenses of their home.

 

67. Sturnick and Andrews own joint property together, including investment accounts and real estate in New Mexico. Both their names are listed on the cars that they own, and they share joint bank accounts and credit cards. They list each other as primary beneficiary on both their wills and their life insurance policies.

 

68. Sturnick and Andrews consider themselves to be life partners and hold themselves out to their families and their community as a couple participating in a committed relationship.

 

69. Andrews is an employee of the Alaska State Department of Fish and Game, where she has worked since 1981. She will be eligible to retire in January 2000.

 

70. Sturnick is not a state or city employee.

 

71. Andrews receives certain rights and privileges from her employment with the State. These include health insurance, retirement-related health coverage, and a pension.

 

72. Andrews wishes to retire from her position with the State when she becomes eligible and to build a home together with Sturnick on their property in New Mexico. Andrews and Sturnick expect to be unable to do so, however, because Sturnick is not eligible, as a spouse would be, to be covered under the state health insurance plan during Andrews’ retirement. Instead, Sturnick must either obtain medical insurance through a private employer (which she does now) or pay for private coverage herself. The coverage that Sturnick currently receives from her private employer is inferior to the policy she could receive under Andrews’ plan. Andrews’ inability to share her employment-related rights and privileges with Longworth substantially interferes with the couple’s ability to plan a secure and affordable retirement.

 

73. Andrews also wishes to purchase a joint and survivor annuity for Sturnick when she retires, so she would be a beneficiary of Andrews’ retirement and pension plans.

 

74. The applicable laws permit Andrews to share these employment-related rights and privileges only with her "spouse." Therefore, Sturnick cannot take advantage of these health and pension rights and privileges.

 

75. As a result of her inability to take advantage of Andrews’ medical coverage, Sturnick must pay for her own health insurance. As a result of her inability to take advantage of Andrews’ pension and health coverage, Sturnick must forego benefits that the parties have accrued during their relationship and which, if the parties were married, would belong to them jointly and would protect Sturnick in the event of Andrews’ death.

 

Theresa Tavel and Karen Walter

 

76. Plaintiffs Theresa Tavel and Karen Walter are forty-six and fifty-two years old, respectively. They have been involved in an intimate, committed, loving relationship for sixteen years and reside together as domestic partners in Juneau, Alaska, where they share the expenses of their home.

 

77. Tavel and Walter own a charter business together, which they operate jointly, and they share ownership of a charter boat and other assets of that business. They share joint finances, joint checking and savings accounts, joint credit cards, and joint mortgages on both their home and boat.

 

78. Tavel and Walter consider themselves to be life partners and hold themselves out to their families and their community as a couple participating in a committed relationship.

 

79. Walter retired as an employee of the State of Alaska in 1998.

 

80. Tavel is not a city or state employee. During the summer months, she runs the couple’s charter sailing business. During the winter months, she works as a video producer. In the fall months, she works for a private company for the sole purpose of obtaining health coverage. If Tavel could be covered under Walter’s medical insurance, she would change her work so she could be self-employed full time.

 

81. Walter receives certain rights and privileges from her employment with the State. These include health insurance, retirement-related health coverage, and a pension. Since she was a state employee starting before 1986, Walter is eligible to share full medical coverage with her spouse at no cost.

 

82. Walter desires to share these employment-related rights and privileges with Tavel, and Tavel would take advantage of these rights and privileges if she were permitted to do so.

 

83. The applicable laws permit Walter to share these employment-related rights and privileges only with her "spouse." Therefore, Tavel cannot take advantage of these health- and pension-related rights and privileges.

 

84. As a result of her inability to take advantage of Walter’s medical coverage, Tavel has limited options for structuring her work life and business. As a result of her inability to take advantage of Walter’s pension, Tavel must forego benefits that the parties have accrued during their relationship and which, if the parties were married, would belong to them jointly and would protect Tavel in the event of Walter’s death.

 

Corin Whittemore and Gani Ruthellen

 

85. Plaintiffs Corin Whittemore and Gani Ruthellen are forty-eight and forty-four years old, respectively. They have been involved in an intimate, committed, loving relationship for over two years and reside together as domestic partners (along with Whittemore’s daughter) in Juneau, Alaska, where they share the expenses of their home.

 

86. Whittemore and Ruthellen share joint finances. They have two joint savings accounts, a joint checking account and a joint credit card, and both are listed on the car that they own. Whittemore names Ruthellen, along with her daughter, as a beneficiary in her will.

 

87. Whittemore and Ruthellen consider themselves to be life partners and hold themselves out to their families and their community as a couple participating in a committed relationship.

 

88. Whittemore is currently employed by the State Department of Administration, Division of Finance, an agency of the State of Alaska. She has worked for various agencies of the State for a total of over sixteen years.

 

89. Ruthellen is not a city or state employee.

 

90. Whittemore receives certain rights and privileges from her employment with the State. These include health, retirement-related health coverage, and a pension.

 

91. Whittemore desires to share these employment-related rights and privileges with Ruthellen, and Ruthellen would take advantage of these rights and privileges if she were permitted to do so. Ruthellen specifically wishes to take advantage of Whittemore’s health coverage, as she must currently pay for her own coverage under a COBRA program. This private coverage is expensive, inferior to the coverage that she would enjoy under Whittemore’s plan, and will terminate at the end of November 1999.

 

92. The applicable laws permit Whittemore to share these employment-related rights and privileges only with her "spouse." Therefore, Ruthellen cannot take advantage of these health- and pension-related rights and privileges.

 

93. As a result of her inability to take advantage of Whittemore’s medical coverage, Ruthellen must purchase separate health insurance and accept coverage inferior to that available under Whittemore’s plan. As a result of her inability to take advantage of Whittemore’s pension, Ruthellen must forego benefits that the parties have accrued during their relationship and which, if the parties were married, would belong to them jointly, and would protect Ruthellen in the event of Whittemore’s death.

 

The Alaska Civil Liberties Union

 

94. The Alaska Civil Liberties Union (AkCLU) is a non-profit corporation established in 1983 with its principal place of business in Anchorage, Alaska. The AkCLU is the Alaska affiliate of the American Civil Liberties Union. The AkCLU’s mission is to preserve and defend the civil liberties guaranteed by the Alaska Constitution and the U.S. Constitution. The AkCLU has members who are gay and lesbian state and municipal employees and are affected by the laws challenged in this case.

 

 

VIOLATION OF ARTICLE I, SECTIONS 1, 3 AND 22

OF THE ALASKA CONSTITUTION

 

95. Plaintiffs incorporate herein by reference the allegations made in paragraphs 1- 95.

 

96. By using marriage as the exclusive touchstone for the conferral of employment rights and privileges upon the domestic partners of its employees, limiting those rights and privileges to the married spouses of its employees, and denying those rights and privileges to the Plaintiff couples-same-sex domestic partners who are excluded from marriage under state law-the State is engaged in intentional and invidious discrimination against the Plaintiff couples in violation of the Alaska Constitution.

 

97. The State discriminates against the Plaintiff couples both because they are gay men or lesbians and because of the gender of the partners in each couple. Therefore, the State’s maltreatment of Plaintiffs constitutes discrimination on the basis of both sexual orientation and sex.

 

98. This discrimination places severe and impermissible burdens upon the Plaintiff couples’ intimate relationships. It jeopardizes their security and stability and substantially interferes with their ability to structure the primary activities of their lives together.

 

99. This intentional, sweeping and continuing discrimination constitutes a violation of Article I, sections 1, 3 and 22 of the Alaska Constitution.

 

 

PRAYER FOR RELIEF

 

WHEREFORE, Plaintiffs pray for judgment in their favor and against Defendants as follows:

 

1. For a declaratory judgment under applicable Alaska law declaring that the State’s denial of employment rights and privileges to the Plaintiff couples violates the Plaintiffs’ rights under Article I, sections 1, 3 and 22 of the Alaska Constitution.

 

2. For a declaratory judgment under applicable Alaska law declaring that the applicable statutes and regulations violate Article I, sections 1, 3 and 22 of the Alaska Constitution to the extent that they limit employment rights and privileges to the married spouses of state employees and deny those rights and privileges to same-sex domestic partners.

 

3. For a permanent injunction requiring the State to provide employment rights and privileges to the Plaintiff couples on terms identical to those that would apply if the Plaintiff couples were legally married, for so long as the Plaintiff couples remain domestic partners.

 

4. For such other and further relief as the Court deems just and appropriate.

 

Dated this twenty-seventh day of October, 1999

 

 

__________________________

 

Allison E. Mendel

MENDEL & ASSOCIATES

Alaska Bar 8310136

Attorney for Plaintiffs

Cooperating Attorney for the

Alaska Civil Liberties Union

 

Tobias Barrington Wolff

PAUL, WEISS, RIFKIND, WHARTON & GARRISON

1285 Avenue of the Americas

New York, NY 10019-6064

212-373-3300

Cooperating Attorney for the ACLU Lesbian & Gay Rights Project

 

Jennifer Middleton

Michael Adams

Matthew Coles

AMERICAN CIVIL LIBERTIES UNION

125 Broad Street, 18th Floor

New York, NY 10004

tel: 212-549-2627

fax: 212-549-2650

 

 

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