Friday, November 11

There are DOMAs, and there are DOMAs

Despite -- or paradoxically because of -- Alaska's constitutional amendment barring gay marriage, the state must offer domestic partner benefits, the state supreme court has ruled. (Opinion available here.) Note that Alaska's marriage amendment was not one of the super-DOMAs that have been passed in recent years. It merely states "To be valid or recognized in this State, a marriage may exist only between one man and one woman.” Because gays can't marry, the court held that employment benefits for spouses only violate the constitution's equal protection clause. File that one under unintended consequences.