Alaska Measure 2, Definition of Marriage Amendment (1998)

Alaska Measure 2
Election date November 3, 1998
Topic Marriage and family and LGBT issues
Status ot Overturned
Type Constitutional amendment	Origin State legislature

Alaska Measure 2, the Definition of Marriage Amendment’, was on the ballot in Alaska as a legislatively referred constitutional amendment on November 3, 1998. It was approved, and then overturned in 2014.

A "yes" vote supported amending the constitution to define marriage as between one man and one woman.

A "no" vote opposed amending the constitution to define marriage as between one man and one woman.

Election results

Alaska Measure 2
Result		Votes	Percentage
Yes		152,965	68.11%
No		71,631	31.89%

Results are officially certified.

Source

Overview

What did this amendment do?

This amendment added a section to the Alaska Constitution that defined marriage as between one man and one woman in order to be recognized in the state.

Aftermath

U.S. District Court

On October 12, 2014, a federal judge struck down the ban on same-sex marriage. The U.S. District Court for the District of Alaska ruled the ban unconstitutional under the Due Process and Equal Protection Clauses of the U.S. Constitution. U.S District Judge Timothy M. Burgess said:

“	Alaska’s same-sex marriage laws are a prime example of how 'the varying treatment of different groups or persons is so unrelated to the achievement of any combination of legitimate purposes that we can only conclude that the legislature’s actions were irrational.'	”
—Judge Timothy M. Burgess

U.S. Supreme Court

See also: Obergefell v. Hodges

On June 26, 2015, the United States Supreme Court ruled that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment of the United States Constitution in the case Obergefell v. Hodges. The ruling overturned bans on same-sex marriage.

Justice Anthony Kennedy authored the opinion and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito each authored a dissent.

Text of measure

Ballot title

The official ballot title was as follows:

“

This 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 [ ]

”

Constitutional changes

The approval of Measure 2 added Section 25 of Article I to the Alaska Constitution:

Section 25. Marriage. To be valid or recognized in this State, a marriage may exist only between one man and one woman.

Support

The Alaska Family Coalition was leading the campaign in support of the amendment.

Official arguments

• State Sen. Loren Leman (R) (Alaska Voter Guide): 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.

Opposition

Alaskans for Civil Rights/No On Two Campaign led the campaign opposing the amendment.

Official arguments

• Wilda Hudson, President of the League of Women Voters of Alaska (Alaska Voter Guide): 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.

Background

Related measures

See also: History of same-sex marriage ballot measures

Between 1998 and 2012, voters in 30 states approved ballot measures that defined marriage as between one male and one female or otherwise prohibited same-sex marriage. The U.S. Supreme Court invalidated bans on same-sex marriage in the case Obergefell v. Hodges in 2015.

• 1998: Alaska
• 2000: Nebraska
• 2002: Nevada
• 2004: Arkansas
• 2004: Georgia
• 2004: Kentucky
• 2004: Louisiana
• 2004: Michigan
• 2004: Mississippi
• 2004: Missouri
• 2004: Montana
• 2004: North Dakota
• 2004: Ohio
• 2004: Oklahoma
• 2004: Oregon
• 2004: Utah
• 2005: Kansas
• 2005: Texas
• 2006: Alabama
• 2006: Colorado
• 2006: Idaho
• 2006: South Carolina
• 2006: South Dakota
• 2006: Tennessee
• 2006: Virginia
• 2006: Wisconsin
• 2008: Arizona
• 2008: California
• 2008: Florida
• 2012: North Carolina

Path to the ballot

See also: Signature requirements for ballot measures in Alaska

An indirect initiated state statute is a citizen-initiated ballot measure that amends state statute. While a direct initiative is placed on the ballot once supporters file the required number of valid signatures, an indirect initiative is first presented to the state legislature. Legislators have a certain number of days, depending on the state, to adopt the initiative into law. Should legislators take no action or reject the initiative, a second round of signatures is required to put the initiative on the ballot for voters to decide.

The amendment was introduced as Senate Joint Resolution 42 (SJR 42), and was read for the first time on March 2, 1998. On April 16, 1998, the Alaska House of Representatives passed SJR 42 by 14-6. On May 12, 1998, the Alaska State Senate passed the amendment by 28-12.

See also

1998 Measures

• 1998 Measures
• LGBTQ issues on the ballot
• Family-related policy on the ballot
• 1998 legislative sessions

Alaska

• Alaska ballot measures
• Alaska ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• 1998 Alaska Voter Guide