Alaska Supreme Court Says Tax Exemptions
Cannot Be Denied To Gay Couples
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[April 26, 2014]
By Steve Quinn
JUNEAU, Alaska (Reuters) — Same-sex
couples in Alaska must receive certain property tax exemptions given to
married couples, despite a ban on gay marriage, the state Supreme Court
ruled on Friday.
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The decision in a lawsuit brought by three Anchorage same-sex
couples represented a blow to the state, which had prevented gay and
lesbian couples from taking advantage of a tax break for senior
citizens and disabled veterans that, in some circumstances, takes
into account marital status.
The ruling follows high-profile victories in recent months by gays
and lesbians seeking the right to wed in several U.S. states.
Marriage rights have been extended to gay couples in 17 states and
the District of Columbia in a trend that gained momentum when the
U.S. Supreme Court ruled last June that legally married same-sex
couples nationwide are eligible for federal benefits.
In 1998, Alaska voters amended the state's constitution to restrict
marriage to between a man and a woman.
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In its ruling on Friday, the Alaska Supreme Court upheld a 2011
lower court decision and found the state's tax exemption program
"facially discriminates between same-sex couples and opposite-sex
couples."
"For purposes of analyzing the effects of the exemption program, we
hold that committed same-sex domestic partners who would enter into
marriages recognized in Alaska if they could are similarly situated
to those opposite-sex couples who, by marrying, have entered into
domestic partnerships formally recognized in Alaska," the Alaska
Supreme Court's written opinion stated.
Alaska and the municipality of Anchorage exempted from municipal
property taxation $150,000 of the value of a residence for senior
citizens and disabled veterans, but the full value of the exemption
might not be available if another resident at the home was not
married to the claimant.
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Contending that was unfair because they were not allowed to wed in
Alaska, the three Anchorage same-sex couples sued, and in its ruling
the Alaska Supreme Court agreed the state cannot withhold the tax
break.
The American Civil Liberties Union of Alaska welcomed the decision.
"The Supreme Court very clearly states that this kind of
discrimination is not OK," said Joshua Decker, executive director of
the ACLU of Alaska. "It's un-American and it's un-Alaskan for a
state to make gays and lesbians pay more in taxes."
Emails and phone calls to the Alaska Department of Law were not
returned.
(Editing by Alex Dobuzinskis and Kim Coghill)
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