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 Judge Timothy Burgess of the U.S. District Court for Alaska made
the ruling after hearing oral arguments on Friday challenging the
state's 16-year-old ban, saying it added to discrimination already
faced by gay and lesbian people every day.
"Alaska’s denial of the benefits and dignity of marriage for them
only perpetuates this discrimination without legitimate grounds,”
Burgess wrote.
He also barred Alaska from refusing to acknowledge lawful same-sex
marriages conducted in other states.
Alaska Governor Sean Parnell said Sunday that the state would appeal
the ruling, saying the constitutionality question was in flux.
“As Alaska’s governor, I have a duty to defend and uphold the law
and the Alaska Constitution,” Parnell, a Republican, said.
 Five couples, four of whom already had legally married in other
states and a fifth wishing to marry in Alaska, filed their suit
against the state in May challenging the ban.
In 1998, Alaska voters enacted a constitutional amendment that
excludes same-sex couples from marriage.
The state contended that the voters should have the final word, not
the courts.
Burgess disagreed, writing that the state's right to define marriage
"is not unbounded."
“A state may not exercise its power to define marriage in a way that
infringes upon individuals’ constitutional rights,” he wrote.
Sunday’s ruling caps off a busy seven days in federal court rulings
on same-sex marriage.
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On Tuesday, the 9th U.S. Circuit Court of Appeals struck down
same-sex marriage bans in Nevada and Idaho.
A day earlier the U.S. Supreme Court let another appeals court
ruling stand to allow similar marriages.
On Sunday, Burgess’ 25-page ruling cited the need to bring an end to
longstanding discrimination.
Joshua Decker, an attorney for the American Civil Liberties Union of
Alaska, hailed the decision.
“Alaska had the misfortune of being the first state, in 1998, to ban
equal marriage and bake discrimination into our constitution,” he
said. “This victory brings equal rights to thousands of Alaskan
couples who are in loving, committed relationships.”
(Reporting by Steve Quinn; Editing by Frank McGurty, Sharon
Bernstein and Eric Walsh)
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