Alaska Division of Elections Home Page 1998 Official Election
Pamphlet Introduction PageThis measure would amend the Declaration of Rights section
of the Alaska Constitution to limit marriage. The amendment
would say that to be valid, a marriage may exist only between
one man and one woman.
SHOULD THIS AMENDMENT BE ADOPTED?
| Yes | [ ] |
| No | [ ] |
This measure would add a new section about marriage to the state constitution. To be valid or recognized by the state, a marriage would have to be between one man and one woman.
[HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 42 (RLS)]
* Section 1. Article I, Constitution of the State of
Alaska, is amended by adding a new section to read:
Do you believe that marriage requires both a man and a woman?
Is this a reasonable question that you should be allowed to decide?
If so, vote "YES" on the Marriage Amendment.
Ballot Measure No. 2 reaffirms and protects existing
Alaska law that states that marriage is a union of
"one man and one woman." This is also the law in
every state in the U.S. and in all other countries.
More than two-thirds of Alaskans agree with this
definition of marriage. So do most of your elected
representatives. An overwhelming majority of the U.S.
Congress, including all three members of Alaska's delegation,
has voted to preserve marriage as a union of one man and one woman.
But a small group of lawyers and liberal activists wants
to change all that. In 1995, two Anchorage men who describe
themselves as homosexuals sued the State of Alaska because
they were not granted a marriage license. Last February,
Anchorage Superior Court Judge Peter Michalski issued a
preliminary ruling in their case. Judge Michalski ruled
that Alaska's "one man, one woman" marriage law may be
unconstitutional because it supposedly violates the
"right to privacy." No judge in America has ever before
issued such a bizarre ruling.
The state Attorney General then asked the Alaska Supreme
Court to reconsider Judge Michalski's ruling, and they
refused to do so. So here we are. The Legislature had
no choice but to place this subject before you in the form
of a Marriage Amendment.
Just remember: the people of Alaska did not pick this fight.
Ballot Measure No. 2 does not "target" anybody or "deny"
anybody their rights. You'll hear that, but don't believe
it. All Alaskans are equal before the law. But that's not
what this debate is about. This debate is about who should
define marriage: the people, or a handful of non-elected judges.
The activists who want to change the meaning of marriage
certainly have a right to make their case.
They made it before the Legislature. They lost.
But instead of waiting to fight another day, they
filed two unsuccessful lawsuits trying to stop this
amendment from even appearing on the ballot.
They don't trust the voters of Alaska.
Most Alaskans believe that marriage is a natural
institution that must be preserved.
Marriage is recognized by Alaska civil law,
but it was not created or "invented" by Alaska law.
And it shouldn't be arbitrarily redefined by non-elected judges.
We urge you to vote "YES" on Ballot Measure No. 2 and
protect the institution of marriage in our society.
Senator Loren Leman
Alaska State Legislature
(907) 258-8189
Three good reasons exist for Alaskans to VOTE NO
on this proposed Constitutional amendment.
It would amend Alaska's Declaration of Rights and begin
to tear away at citizens' rights, making exception to the
liberties, including the right of privacy, protected by
our Alaska Constitution.
It would deny some groups of Alaskan citizens rights enjoyed
by other citizens.
It would undercut a recent Superior Court finding which maintains
the basic privacy rights of Alaska citizens.
1. We Should Not Tamper With The Alaska Constitution, Article I,
Declaration Of Rights, By Proposing To Limit Individual Liberties
And Rights. Alaska's Constitution is one of the newest state
constitutions and is considered a model document throughout the
nation. The League of Women Voters of Alaska is extremely concerned
about ballot measures, such as this one, which propose amendments
to Alaska's Constitution that limit citizens' individual liberties
and right to privacy.
Protect the minority from the tyranny of the majority. This is
one of the most profound reasons why constitutions exist.
Ballot Measure 2 would, for the first time, write discrimination
into our state Constitution. Voting NO on this measure protects
the integrity of our Declaration of Rights in Alaska's Constitution
against discriminatory amendments such as this. There is nothing
in the Constitution that requires the State to recognize marriage
between individuals of the same sex. The Constitution, as it
stands now, treats all persons equally.
2. We Must Protect The Rights Of All Alaska's Citizens.
The League of Women Voters of Alaska believes this proposed
Constitutional amendment is in conflict with ARTICLE I,
Sections 1, 2 and 22 of the Constitution as currently written.
The Alaska Constitution, ARTICLE I, Declaration of Rights, provides:
Section 1. Inherent Rights. (reads in part) This constitution
is dedicated to the principles that . . . all persons are entitled
to equal rights, opportunities, and protection under the law . . .
Section 3. Civil Rights. No person is to be denied the enjoyment
of any civil or political right because of race, color, creed,
sex or national origin.
Section 22. Right to Privacy. The right of the people to
privacy is recognized and shall not be infringed.
This ballot measure would weaken or abridge these critical
sections of the Alaska Constitution. A NO vote would ensure
that our liberties and right to privacy are protected.
3. The Checks And Balances Of Our Three-Part System Of Government
(Legislative, Executive, Judicial) Must Be Preserved. A recent
attempt to restrict marriage to "one man and one woman" has been
found unconstitutional by a Superior Court ruling under Alaska's
right to privacy law. The judicial process should be
respected and the balance of powers should be maintained.
Vote No On Ballot Measure No. 2. The League of Women
Voters promotes an open governmental system that protects
individual liberties and right to privacy as established
by Alaska's Constitution. Join us in protecting these rights
for ALL citizens by voting NO on Ballot Measure No. 2.
League of Women Voters of Alaska
Wilda Hudson, President
Alaska Division of Elections Home Page 1998 Official Election
Pamphlet Introduction Page