Lawsuit challenges Alaska's ban on same-sex marriage

ANCHORAGE, Alaska, May 13 (UPI) -- Five same-sex couples have challenged Alaska's constitutional ban on gay marriage, arguing that it denies them rights they have under the U.S. Constitution.

The lawsuit was filed Monday in U.S. District Court in Anchorage.

Alaska voters approved an amendment to the state constitution in 1998 that defines marriage as the union of one man and one woman. Caitlin Shortell, one of three lawyers representing the plaintiffs, said the amendment was the first in Alaska history to single out one group to deny rights enjoyed by others.

The lawsuit argues the amendment violates the Equal Protection clause of the U.S. Constitution.

"It's out of sync with the spirit of Alaska," Shortell said.

Four of the five couples have married in Canada or in one of the U.S. states where same-sex marriage is now legal, and some have children. Most of the plaintiffs live in the Anchorage area.

In Alaska, the state Supreme Court has granted same-sex couples some rights. Last month, the court ruled they are entitled to the same property tax exemptions allowed married couples.

Last week, an Arkansas judge ruled that the state's ban on same-sex marriage is unconstitutional. Federal judges have overturned bans in several states, although in some, like Ohio, they have only ordered the state to recognize marriages legally contracted elsewhere.

The U.S. Supreme Court overturned the federal Defense of Marriage Act last year, allowing legally married same-sex couples to get federal benefits. The high court is expected to rule eventually on the new round of lawsuits.