National Organization for Marriage

Alaska is one of 42 states with a statutory definition of marriage, having adopted a state “Defense of Marriage Act” (DOMA) in 1998. Also in 1998, spurred by a trial court ruling holding the marriage statute unconstitutional, Alaska residents approved (68.1%) a state constitutional amendment defining marriage and protecting its unique status in the law, making Alaska one of 30 states with such an amendment.

Marriage Amendment

Amendment Citation

Alaska Const. art. I, §  25 (1998)

Amendment URL

http://www.elections.alaska.gov/doc/oep/1998/98bal2.html

Amendment Text

§ 25. Marriage

To be valid or recognized in this State, a marriage may exist only between one man and one woman.

1998 Legis. Res. 71 (SJR 42), approved Nov. 3, 1998, eff. Jan. 3, 1999.

Election Results

Year	Votes In Favor	Votes In Favor %	Votes Against	Votes Against %
0	152965	68.19	71361	31.81

Statute

§ 25.05.013. Same-sex marriages

1. A marriage entered into by persons of the same sex, either under common law or under statute, that is recognized by another state or foreign jurisdiction is void in this state, and contractual rights granted by virtue of the marriage, including its termination, are unenforceable in this state.

2. A same-sex relationship may not be recognized by the state as being entitled to the benefits of marriage.

SLA 1996, ch. 21, § 2.

Same-Sex Marriage

There is no additional data regarding same-sex marriage in Alaska at this time.

Domestic Partnerships

The Alaska Supreme Court held in Alaska Civil Liberties Union v. State, 122 P.3d 781 (2005) that the equal protection guarantee of the Alaska Constitution requires that domestic partners of state employees receive the same benefits as married spouses of state employees.

Civil Unions

There is no additional data regarding civil unions in Alaska at this time.