A recent decision by the Alaska Supreme Court ordered the state government to provide the same benefits to employees with same-sex partners as are already available to married employees. The court imposed an implementation deadline of 1 January 2007. The state Legislature has voted to ignore that deadline.
Lame-duck Governor Frank Murkowski convened a special session of the lame-duck Legislature to authorise the state commissioner of administration to implement the required benefits. The legislators had a rather different idea of what to do with the court’s pronouncement, however.
[I]nstead, the Senate passed a House bill that prohibits the commissioner from taking action on the plan by the court deadline of Jan. 1. The vote was 11 to 6.
The Senate also voted 12 to 5 to approve a bill setting up a nonbinding statewide advisory vote in April. It would allow voters to say whether they think lawmakers should place a constitutional amendment on the 2008 ballot to overturn the court's mandate.
(In 1998, Alaska citizens passed an amendment to the state constitution defining marriage as a union between one man and one woman.)
The Alaska ACLU pooh-poohs the legislature’s action.
"The (Supreme) court has made a ruling that it is unconstitutional to continue to provide benefits just to married partners of state employees and not to same-sex partners of state employees and there's nothing in any of these pieces of legislation that affects that," [ACLU Alaska executive director Michael] MacLeod-Ball said.
We'll see. The state commissioner may be understandably reluctant to implement the court’s ruling without the approval of his employers.
Sponsors of the bill say they want the people of Alaska to decide whether taxpayers should be forced to pay for the benefits ordered by the court. It now appears likely that the legislation just passed will be challenged in court. If that indeed transpires, the court’s decision is predictable.
The Anchorage Daily News helpfully editorialises: The people’s elected representatives should render obeisance to their robed masters uphold the constitution.
To muddy the waters even further, Gov Murkowski refuses to sign the two new bills, saying he’ll leave them on his desk for Governor-elect Sarah Palin to deal with. Mrs Palin, who assumes office on 4 December, hasn’t yet said whether she’ll sign.
If Gov Palin signs, maybe we’ll find out how many legions the Alaska judiciary can muster to enforce its decision.
Previous related post: Republican wins Alaska governorship
UPDATE (23 Dec.): Palin caves.