Legislature(2005 - 2006)BUTROVICH 205

03/22/2005 08:30 AM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 70 CRIMES INVOLVING CONTROLLED SUBSTANCES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SJR 10 SUPPORT FEDERAL MARRIAGE AMENDMENT
Moved SJR 10 Out of Committee
= SB 67 CLAIMS AGAINST HEALTH CARE PROVIDERS
Heard & Held
           SJR 10-SUPPORT FEDERAL MARRIAGE AMENDMENT                                                                        
                                                                                                                                
8:35:09 AM                                                                                                                    
SENATOR FRED DYSON  introduced SJR 10. Since 1998  44 states have                                                               
amended their  constitution to better define  marriage as between                                                               
one  man and  one  woman. Courts  in  Massachusetts, Vermont  and                                                               
California   have  made   decisions  casting   doubts  upon   the                                                               
constitutionality   of  those   laws.   Marriages  performed   in                                                               
Massachusetts  between  same  sex couple  cause  difficulty  with                                                               
other  states due  to  the  differences in  states  laws. The  US                                                               
Congress supports the Federal Defense  of Marriage Act and Alaska                                                               
would show support by passing SJR 10.                                                                                           
                                                                                                                                
8:39:24 AM                                                                                                                    
Senator Gene Therriault joined the committee.                                                                                   
                                                                                                                                
SENATOR  HOLLIS  FRENCH  expressed preference  for  letting  each                                                               
state decide its own laws.                                                                                                      
                                                                                                                                
SENATOR  DYSON expressed  preference for  consistency across  the                                                               
nation.                                                                                                                         
                                                                                                                                
8:41:35 AM                                                                                                                    
CHAIR  SEEKINS  asked  Senator Dyson  whether  the  Massachusetts                                                               
decision was done by the courts or by the people.                                                                               
                                                                                                                                
SENATOR DYSON responded the courts.                                                                                             
                                                                                                                                
SENATOR CHARLIE HUGGINS shared Senator Dyson's perspective.                                                                     
                                                                                                                                
8:44:14 AM                                                                                                                    
SENATOR  FRENCH  asked Senator  Dyson  whether  he would  support                                                               
adding  an  exception  to  the   Full  Faith  and  Credit  Clause                                                               
identifying that Alaska  does not want to be put  in the position                                                               
of honoring another states laws on marriage.                                                                                    
                                                                                                                                
SENATOR DYSON said it would not have the same urgency as SJR 10.                                                                
                                                                                                                                
CHAIR SEEKINS expressed support for Senator French's suggestion.                                                                
                                                                                                                                
8:45:51 AM                                                                                                                    
MR. MICHAEL MACLEOD-BALL, director,  Alaska Civil Liberties Union                                                               
(AkCLU)  testified in  opposition to  the resolution.  He said  a                                                               
couple  married in  another jurisdiction  subjects themselves  to                                                               
Alaska's law when  moving to Alaska. There is  nothing that would                                                               
require Alaska  courts or companies  to acknowledge  the validity                                                               
of the marriage.                                                                                                                
                                                                                                                                
8:47:34 AM                                                                                                                    
The AkCLU supports  the full extension of marriage  rights to all                                                               
couples. The author  of the Federal Defense of  Marriage Act, Mr.                                                               
Bob Barr, opposes this type of legislation due to states rights.                                                                
                                                                                                                                
8:49:19 AM                                                                                                                    
MR. MACLEOD BALL quoted Mr. Barr's testimony to the US Congress:                                                                
     By  moving   what  has   traditionally  been   a  state                                                                    
     prerogative,  local  marriage   laws,  to  the  federal                                                                    
     government it's  in direct violation of  the principals                                                                    
     of federalism.  In treating the  US Constitution  as an                                                                    
     appropriate place  to impose publicly  contested social                                                                    
     policies  it would  cheapen  the  sacrosanct nature  of                                                                    
     that document  opening the door  to future  meddling by                                                                    
     liberals  and conservatives.  Third, it  is unnecessary                                                                    
     as  long as  the  Federal Defense  of  Marriage Act  is                                                                    
     enforced.                                                                                                                  
                                                                                                                                
8:50:39 AM                                                                                                                    
Conservative  representatives have  expressed  concern about  the                                                               
federal preemption  of the state  having the ability to  make its                                                               
own  decisions. Most  people are  against discrimination.  SJR 10                                                               
has  the  potential to  take  away  rights  of partners  such  as                                                               
hospital rights, pension rights, and inheritance rights.                                                                        
                                                                                                                                
8:51:53 AM                                                                                                                    
SENATOR THERRIAULT asked Mr. Macleod  Ball how Wyoming dealt with                                                               
the Full Faith and Credit Clause issue.                                                                                         
                                                                                                                                
MR. MACLEOD-BALL did not know.                                                                                                  
                                                                                                                                
SENATOR THERRIAULT speculated they chose to ignore it.                                                                          
                                                                                                                                
MR.  MACLEOD  BALL  quoted  Senator   John  Haynes  from  Wyoming                                                               
testimony to the US Congress.                                                                                                   
     "State  courts have  over 200  years  of experience  in                                                                    
     deciding  which  out  of   state  marriages  they  will                                                                    
     recognize."                                                                                                                
What he is  talking about is an area reserved  for the states and                                                               
the federal government has traditionally stayed out of it.                                                                      
                                                                                                                                
8:53:39 AM                                                                                                                    
CHAIR SEEKINS  said in this case  the people of Alaska  have said                                                               
marriage should be between one man and one woman.                                                                               
                                                                                                                                
MR.  MACLEOD-BALL said  the issue  is whether  the people  of the                                                               
United  States should  make  decisions for  the  people in  every                                                               
state.                                                                                                                          
                                                                                                                                
CHAIR SEEKINS said often courts  make decisions that are contrary                                                               
to what the people would do if they were asked.                                                                                 
                                                                                                                                
8:58:54 AM                                                                                                                    
SENATOR  THERRIAULT  agreed the  beginning  of  the civil  rights                                                               
movement would not  have garnered majority support  if the people                                                               
of the US were polled.                                                                                                          
                                                                                                                                
MR.  MACLEOD  BALL  asserted  an   Alaska  court  might  have  to                                                               
interpret Massachusetts's  case law  in the event  of a  same sex                                                               
marriage  ending in  divorce. However,  courts  have always  been                                                               
burdened with  those types of  decisions. Alaska still  would not                                                               
have to recognize the marriage.                                                                                                 
                                                                                                                                
9:01:23 AM                                                                                                                    
MR.  MACLEOD  BALL  took  the   position  that  SJR  10  was  not                                                               
necessary.  The Federal  Defense of  Marriage Act  is already  in                                                               
place.                                                                                                                          
                                                                                                                                
9:02:59 AM                                                                                                                    
SENATOR  FRENCH asked  Mr. Macleod  Ball what  is in  the Federal                                                               
Defense  of Marriage  Act that  works against  the idea  of civil                                                               
unions.                                                                                                                         
                                                                                                                                
MR.  MACLEOD BALL  said there  was no  short answer.  The AkCLU's                                                               
concern  is the  federal amendment  would change  the benefit  of                                                               
civil unions.                                                                                                                   
                                                                                                                                
9:04:37 AM                                                                                                                    
CHAIR SEEKINS closed public testimony.                                                                                          
                                                                                                                                
SENATOR  HUGGINS   moved  SJR  10  from   committee.  Hearing  no                                                               
objections the motion carried.                                                                                                  

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