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_t PAUL QUERRY Associated Press Writer : JUNEAU—A judge ruled Friday against Alaska’s ban on same-sex marriages, ordering the state to show why it should be able to regulate who people marry The ruling does not legalize same-sex unions in Alaska, but forces the state to prove a compelling reason why such unions should be illegal. Last year, Jay Brause and Gene Dugan of Ancho rage challenged a 1996 law banning same-sex mar riage, trying to force the state to recognize their relationship of nearly 20 years. The gay couple ar gued the law violates the Alaska Constitution. On Friday, Superior Court Judge Peter Mi chalski threw out the state’s bid to dismiss the case — ruled that choosing a partner is a fundamental’ right. “It is the decision itself that is fundamental, whether the decision results in a traditional choice or the nontraditional choice Brause and Dugan seek to have recognized,’ Michalski wrote. ‘The same Constitution protects both.” Reached at work, Dugan refused to discuss the ruling. The couple’s attorney, Robert Wagstaff, was out of town and unavailable for comment. John Gaguine, the assistant attorney general who argued the case, said the state will likely ask the state Supreme Court to review Michalski’s deci sion. Proving a compelling state interest in banning same-sex marriage may be difficult, advocates say. See SAME-SEX, Page A-9
Newspaper Details
Fairbanks Daily News Miner
Fairbanks, Alaska, US
Sat, Feb 28, 1998
Page 1
Full Page
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