Legislature(2007 - 2008)CAPITOL 106

03/27/2007 08:00 AM House STATE AFFAIRS


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08:09:46 AM Start
08:13:19 AM HJR9
09:57:24 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HJR 9 CONST. AM: BENEFITS & MARRIAGE TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 27, 2007                                                                                         
                           8:09 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bob Lynn, Chair                                                                                                  
Representative Bob Roses, Vice Chair                                                                                            
Representative John Coghill                                                                                                     
Representative Kyle Johansen                                                                                                    
Representative Craig Johnson                                                                                                    
Representative Andrea Doll                                                                                                      
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 9                                                                                                    
Proposing an amendment to the section of the Constitution of the                                                                
State of Alaska relating to marriage.                                                                                           
                                                                                                                                
     - MOVED HJR 9 OUT OF COMMITTEE                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HJR  9                                                                                                                  
SHORT TITLE: CONST. AM: BENEFITS & MARRIAGE                                                                                     
SPONSOR(s): REPRESENTATIVE(s) COGHILL                                                                                           
                                                                                                                                
02/12/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/12/07       (H)       STA, JUD, FIN                                                                                          
03/27/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
BOB DOLL                                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on behalf of himself in                                                                          
opposition to HJR 9.                                                                                                            
                                                                                                                                
BOB HEAD                                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified on  behalf of himself  in support                                                               
of HJR 9.                                                                                                                       
                                                                                                                                
STEVEN JACQUIER                                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Testified   on  behalf  of   himself  in                                                               
opposition to HJR 9.                                                                                                            
                                                                                                                                
LOREN LEMAN                                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified on  behalf of himself  in support                                                               
of HJR 9.                                                                                                                       
                                                                                                                                
SHIRLEY RIVAS                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Testified   on  behalf  of   herself  in                                                               
opposition to HJR 9.                                                                                                            
                                                                                                                                
DAVE BRONSON                                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified on  behalf of himself  in support                                                               
of HJR 9.                                                                                                                       
                                                                                                                                
JEANNE LAURENCELLE                                                                                                              
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   During  hearing on  HJR 9,  highlighted the                                                               
need for  equality and  the protection  of minorities,  and asked                                                               
the committee to table the resolution.                                                                                          
                                                                                                                                
HONDA HEAD                                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified on  behalf of herself  in support                                                               
of HJR 9.                                                                                                                       
                                                                                                                                
MARY GRAHAM                                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified on  behalf of herself that  HJR 9                                                               
is  a  matter  of  equal  rights and  benefits  for  all  Alaskan                                                               
citizens  and  is not  an  issue  related  to the  definition  of                                                               
marriage.                                                                                                                       
                                                                                                                                
DEBBIE JOSLIN, Chair                                                                                                            
Vote YES for Marriage                                                                                                           
Delta Junction, Alaska                                                                                                          
POSITION STATEMENT:  Testified in support of HJR 9.                                                                             
                                                                                                                                
ROLANDO RIVAS                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Testified   on  behalf  of   himself  in                                                               
opposition to HJR 9.                                                                                                            
                                                                                                                                
ART GRISWOLD                                                                                                                    
Delta Junction, Alaska                                                                                                          
POSITION STATEMENT:  Testified in support of HJR 9.                                                                             
                                                                                                                                
MARSHA BUCK                                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified on  behalf of  Parents, Families                                                               
and Friends of Lesbians and Gays (PFLAG) in opposition to HJR 9.                                                                
                                                                                                                                
BARBARA BELKNAP                                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Testified   on  behalf  of   herself  in                                                               
opposition to HJR 9.                                                                                                            
                                                                                                                                
CHRISTINA JOHANNES                                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified on  behalf of herself  in support                                                               
of HJR 9.                                                                                                                       
                                                                                                                                
JANE HAIGH                                                                                                                      
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:   Testified  on behalf  of  herself and  her                                                               
family in opposition to HJR 9.                                                                                                  
                                                                                                                                
PATTY GRISWOLD                                                                                                                  
Delta Junction, Alaska                                                                                                          
POSITION STATEMENT:   Testified on  behalf of herself  in support                                                               
of HJR 9.                                                                                                                       
                                                                                                                                
PATRICK MARLOW                                                                                                                  
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:     Testified   on  behalf  of   himself  in                                                               
opposition to HJR 9.                                                                                                            
                                                                                                                                
SID HEIDERSDORF                                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified on  behalf of himself  in support                                                               
of HJR 9.                                                                                                                       
                                                                                                                                
LYDIA GARCIA, Interim Executive Director                                                                                        
National Education Association of Alaska (NEA-Alaska)                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified  in opposition to  HJR 9  and "to                                                               
all legislation that discriminates against Alaskans."                                                                           
                                                                                                                                
JOHN MONAGLE                                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified on  behalf of himself  in support                                                               
of HJR 9.                                                                                                                       
                                                                                                                                
MARY BISHOP                                                                                                                     
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:     Testified   on  behalf  of   herself  in                                                               
opposition to HJR 9.                                                                                                            
                                                                                                                                
KEVIN DAUGHTERY                                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified on  behalf of himself  in support                                                               
of HJR 9.                                                                                                                       
                                                                                                                                
KATHERINE HOCKER                                                                                                                
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Testified   on  behalf  of   herself  in                                                               
opposition to HJR 9.                                                                                                            
                                                                                                                                
MAC CARTER                                                                                                                      
(No address provided)                                                                                                           
POSITION STATEMENT:   Testified on  behalf of himself  in support                                                               
of HJR 9.                                                                                                                       
                                                                                                                                
MICHAEL MACLEOD-BALL, Executive Director                                                                                        
Alaska Civil Liberties Union (ACLU) Alaska                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition of HJR 9.                                                                          
                                                                                                                                
DIXIE HOOD                                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Testified   on  behalf  of   herself  in                                                               
opposition to HJR 9.                                                                                                            
                                                                                                                                
LIN DAVIS                                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Testified   on  behalf  of   herself  in                                                               
opposition to HJR 9.                                                                                                            
                                                                                                                                
SHERRY MODROW                                                                                                                   
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   Noted that she had signed up  to testify in                                                               
opposition to HJR 9.                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR BOB LYNN called the  House State Affairs Standing Committee                                                             
meeting to order at 8:09:46  AM.  Representatives Roses, Coghill,                                                             
Johansen, Johnson, Gruenberg, Doll, and  Lynn were present at the                                                               
call to order.                                                                                                                  
                                                                                                                                
HJR  9-CONST. AM: BENEFITS & MARRIAGE                                                                                         
                                                                                                                                
CHAIR LYNN  announced that the  only order of business  was HOUSE                                                               
JOINT RESOLUTION NO. 9, Proposing  an amendment to the section of                                                               
the Constitution of the State of Alaska relating to marriage.                                                                   
                                                                                                                                
CHAIR  LYNN discussed  the manner  in which  the committee  would                                                               
hear testimony.                                                                                                                 
                                                                                                                                
8:13:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL, as  prime  sponsor of  HJR 9,  explained                                                               
that the resolution is a  constitutional amendment that specifies                                                               
that  the  benefits,  obligations,   and  qualities  of  marriage                                                               
pertain only between  one man and one woman.   He paraphrased his                                                               
sponsor statement,  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
          HJR  9  is offered  in  response  to the  Supreme                                                                     
      Court  ruling of  October 28,  2005. The  Court ruled                                                                     
      that same  sex couples are similarly  situated making                                                                     
      them  equal   to  married  couples  with   regard  to                                                                     
      receiving  health  benefits from  public  employment.                                                                     
      The  conclusion   of  the   Court  is   that  spousal                                                                     
      limitations are unconstitutional.                                                                                         
                                                                                                                                
          The   people  of   Alaska  in   a  constitutional                                                                     
      amendment  vote  in November  1998  by  a 68%  margin                                                                     
      thought the  issue of marriage  and its  benefits for                                                                     
      same-sex  couples was  settled.    The plaintiffs  in                                                                     
      Brause v. Bureau of  Vital Statistics treated marital                                                                   
      status and  marital benefits as  inseparable, thereby                                                                     
      recognizing that  marriage is a  special relationship                                                                     
      is society and law.                                                                                                       
                                                                                                                                
          AS 25.05.013(b) passed  by the Alaska Legislature                                                                     
      in 1996 prohibits any  public employer from extending                                                                     
      marriage  benefits   to  same-sex  partners   so  the                                                                     
      constitutional language  in HJR 9 is  consistent with                                                                     
      the  will of  the  legislature,  which is  consistent                                                                     
      with the 1998 vote of the people of Alaska.                                                                               
                                                                                                                                
          AS 18.80.220(c)  is a law  ignored by  the court.                                                                     
      It  is under  "unlawful  Employment Practices"  which                                                                     
      grants  an   exception  to  employers   who  "provide                                                                     
      greater health  and retirement benefits  to employees                                                                     
      who  have a  spouse  or  dependent children"  enacted                                                                     
      into law  in 1996.  My  intent is to show  the public                                                                     
      good of  a policy  preserving marriage benefits  as a                                                                     
      societal value for the health of families in Alaska.                                                                      
                                                                                                                                
          As a  Representative Democracy  it falls  upon us                                                                     
      to refer  this to those  who answer to  the principle                                                                     
      "All political power is inherent  in the people.  All                                                                     
      government  originates with  the  people, is  founded                                                                     
      upon their  will only, and  is instituted  solely for                                                                     
      the  good  of  the  people   as  a  whole."    Alaska                                                                     
      Constitution, Article 1, Sec.2.                                                                                           
                                                                                                                                
          Amending  our constitution  is  a weighty  matter                                                                     
      and  should not  be  done  lightly in  my  view.   My                                                                     
      interest  is  asking the  people  of  Alaska if  they                                                                     
      agree with  their Supreme Court,  and if  not, should                                                                     
      we  amend  the  constitution to  better  reflect  the                                                                     
      people's  view.   I  appeal to  you  with Article  1,                                                                     
      Section 2.   This is  our only recourse  in answering                                                                     
      this huge  sociological question for those  of us who                                                                     
      disagree with the Court's conclusion.                                                                                     
                                                                                                                                
8:18:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL directed attention to the proposed new                                                                   
language to the constitution, [beginning on page 1, line 6,                                                                     
through line 10], which read as follows:                                                                                        
                                                                                                                                
     No  other union  is  similarly situated  to a  marriage                                                                
     between a  man and a  woman and, therefore,  a marriage                                                                
     between a man and a woman  is the only union that shall                                                                
     be valid or  recognized in this State and  to which the                                                                
     rights,  benefits, obligations,  qualities, or  effects                                                                
     of marriage shall be extended or assigned.                                                                             
                                                                                                                                
REPRESENTATIVE COGHILL explained how the sentence was structured                                                                
to respond to the ruling by the Alaska Supreme Court.                                                                           
                                                                                                                                
8:24:24 AM                                                                                                                    
                                                                                                                                
BOB DOLL testified  on behalf of himself in opposition  to HJR 9.                                                               
He  said  when  he  joined  the military,  he  took  an  oath  to                                                               
"preserve,  protect, and  defend" the  Constitution.   He relayed                                                               
that a question  often asked is, "What are we  fighting for?"  He                                                               
stated:                                                                                                                         
                                                                                                                                
     I believed ... that I  was fighting to prevent the kind                                                                    
     of bullying that  singles out some of  our citizens for                                                                    
     inferior status,  that applies  some kind of  test that                                                                    
     undermines  their  citizenship;  the kind  of  bullying                                                                    
     that  made possible  totalitarian regimes  in ...  once                                                                    
     proud countries  around the world and  which ultimately                                                                    
     required  all of  the treasure  and  manpower we  could                                                                    
     muster  to overcome.   I  was, and  I remain,  proud of                                                                    
     whatever  smaller  role I  was  able  to play  in  that                                                                    
     effort, and I believe that  most Americans share in the                                                                    
     pride  that  goes with  having  overcome  that kind  of                                                                    
     bullying.                                                                                                                  
                                                                                                                                
     And so, I ask that  the committee table this resolution                                                                    
     and reassure  to those of  us who thought we  knew what                                                                    
     we   were  fighting   for  that   the  Alaska   [State]                                                                    
     Legislature understands what we have all fought for.                                                                       
                                                                                                                                
8:28:27 AM                                                                                                                    
                                                                                                                                
BOB HEAD testified on behalf of himself  in support of HJR 9.  He                                                               
expressed his  respect for  [Mr. Doll's]  service to  the country                                                               
and his  status to  the country.   He opined  that what  is being                                                               
fought  for is  a  form of  government in  the  U.S. whereby  the                                                               
people are the  government.  He said the people  of [Alaska] have                                                               
made "a  very clear  statement."   He said  since there  seems to                                                               
remain a  lack of  clarity regarding  "the whole  situation," the                                                               
people once  again need  to be given  the opportunity  to clearly                                                               
voice and define "what  it is that we as a  people want and don't                                                               
want."  He  stated, "This issue, as I see  it, is not necessarily                                                               
one of  ethics, morality, religion,  or anything else.   This is:                                                               
Do we the people  really run our nation and this  state, or do we                                                               
look at individuals other than those  we elect to represent us to                                                               
make a  change in what  we are  trying to accomplish  as people?"                                                               
Mr. Head  remarked that the  state's representatives have  done a                                                               
good job  in bringing issues  forward and representing  those who                                                               
elected  them.   He  said  he  finds  it  upsetting that  a  few,                                                               
unelected individuals  can "turn that  on its head and  say, 'No,                                                               
we're going to make it go in this direction.'"                                                                                  
                                                                                                                                
8:30:35 AM                                                                                                                    
                                                                                                                                
STEVEN JACQUIER testified  on behalf of himself  in opposition to                                                               
HJR  9.   He  revealed  that  he has  taught  for  many years  in                                                               
Alaska's rural villages and operates  a small business, while his                                                               
partner is a retired professor.   He said both he and his partner                                                               
lost their previous  partners after being together for  13 and 27                                                               
years, respectively, and after nearly  six years together, he and                                                               
his partner will  "doubtless remain a couple for the  rest of our                                                               
lives."  He spoke of his  and his partner's daughter and son, and                                                               
of the expense of putting  children through school.  Mr. Jacquier                                                               
noted  that he  and his  partner have  put in  43 years  combined                                                               
working  for  Alaska and  pulling  their  own weight,  and  their                                                               
payroll  contributions  have  funded   the  coverage  of  married                                                               
workers for decades.                                                                                                            
                                                                                                                                
MR.  JACQUIER pointed  out that  he is  currently covered  by his                                                               
partner's insurance;  however, that coverage would  not longer be                                                               
available to  him should HJR  9 pass, and  he would be  forced to                                                               
seek expensive, private insurance coverage.                                                                                     
                                                                                                                                
MR. JACQUIER compared HJR 9 to  "Jim Crow" laws in the South that                                                               
"marginalized and  disenfranchised people of color,  forced white                                                               
folks to  be parasites  upon the  labor of  people of  color, and                                                               
were bad  for everyone."  He  said those laws existed  because "a                                                               
righteous majority was content to  tyrannically exploit and abuse                                                               
a minority,"  which he remarked  is not an admirable  exercise of                                                               
good, Christian values.  Mr.  Jacquier said, "Gay people are just                                                               
as God created us.  We have no  more choice about that than we do                                                               
about our skin color."  He  said just as women should receive pay                                                               
equal with  that of  men for performing  equal work,  Alaskans in                                                               
long-standing,  committed  relationships, contributing  to  their                                                               
community,  yet prohibited  from  marriage,  absolutely do  merit                                                               
treatment equal  with that accorded  to their  married coworkers.                                                               
He stated,  "The Alaska Constitution  says so; the  highest court                                                               
in the state says so; and  common decency says so."  He indicated                                                               
that same-sex  couples would  go to  City Hall  and sign  a civil                                                               
marriage contract if they could.   He said many same-sex partners                                                               
have  been together  as committed,  unmarried couples  far longer                                                               
than most heterosexual married couples.   Mr. Jacquier concluded,                                                               
"If the  situation were  turned around,  with this  bill directly                                                               
targeting  our  married  coworkers,  and  forcing  us  to  become                                                               
parasites  upon them,  then as  fair-minded,  good neighbors,  we                                                               
would  not stand  for it.   Please,  please, table  this now;  be                                                               
leaders."                                                                                                                       
                                                                                                                                
8:33:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  invited Ex-Lieutenant Governor  Loren Leman                                                               
to testify.                                                                                                                     
                                                                                                                                
LOREN LEMAN testified  on behalf of himself in support  of HJR 9,                                                               
which  he indicated  would "restore  the  will of  the people  in                                                               
Alaska, establishing social policy."   He said an enormous amount                                                               
is  at stake  when judges  act as  social engineers;  when judges                                                               
overreach,  the  state is  run  by  an  oligarchy rather  than  a                                                               
democratic republic.   He defined  an oligarchy as  "a government                                                               
by  a few,  black-robed  elites."   He  said  12  years ago,  two                                                               
homosexual  men in  his district  sued the  state for  a marriage                                                               
license,  claiming  that  they   were  denied  equal  protection,                                                               
because  they  could  not receive  the  rights,  privileges,  and                                                               
benefits provided married  men and women.  Mr.  Leman stated that                                                               
an Alaska Superior  Court judge, "ignoring more  than 6,000 years                                                               
of recorded history, which always  identified marriage as a union                                                               
of men and women," ruled in their  favor.  Mr. Leman said that in                                                               
1998,  in  response  to  that   ruling,  two-thirds  of  Alaska's                                                               
legislators  and  "nearly 70  percent  of  Alaskans" passed  "the                                                               
marriage amendment"  - which  now appears  in Article  I, Section                                                               
25,  [of  the  Constitution  of  the  State  of  Alaska].    That                                                               
amendment stated  that marriage  can exist  only between  one man                                                               
and one woman.   Mr. Leman explained that  although the amendment                                                               
defended marriage  from judicial  redefinition, it left  open the                                                               
possibility that  "the people" or  the state's  legislature could                                                               
voluntarily offer  additional employment and  retirement benefits                                                               
to people who  are not married.  He stated,  "The legislature has                                                               
wisely -  in my  opinion -  chosen not  to do  this."   Mr. Leman                                                               
explained that the reason he  is so familiar with the legislative                                                               
history  relating  to  this  issue  is because  at  the  time  it                                                               
occurred, he was a Senator who participated in the debate.                                                                      
                                                                                                                                
8:38:03 AM                                                                                                                    
                                                                                                                                
SHIRLEY RIVAS  testified on  behalf of  herself in  opposition to                                                               
HJR 9.  She said she is a  happily married woman, and she and her                                                               
husband  have a  blended family  of  five adult  children and  12                                                               
grandchildren.    She related  that  she  does  not see  how  the                                                               
proposed  legislation will  improve  any of  her family's  lives.                                                               
Conversely, she said she sees the  harmful effect HJR 9 will have                                                               
on her  gay son and  his partner, who,  she stated, work  hard at                                                               
their jobs and contribute to  their family culture and society as                                                               
a whole.   She said they are  as dedicated to one  another as she                                                               
and her  husband are to  each other,  and to remove  the benefits                                                               
from  them  that they  worked  for  and  earned is  "hateful  and                                                               
criminal."   She said,  "The basis for  HJR 9 is  hate ...  for a                                                               
minority  population  of  this  state."   She  posited  that  the                                                               
Constitution of the State of  Alaska should not have been amended                                                               
in  1998 and  should  not  be amended  further  now.   Ms.  Rivas                                                               
stated, "HJR [9]  is nothing more than a hate  crime."  She asked                                                               
the committee to vote against the resolution.                                                                                   
                                                                                                                                
8:40:15 AM                                                                                                                    
                                                                                                                                
DAVE BRONSON  told the committee  that although he serves  on the                                                               
board of the  Alaska Family Council and Alaska  Family Action, he                                                               
is  testifying on  behalf of  himself in  support of  HJR 9.   He                                                               
revealed  that he  spoke  last  year in  support  of House  Joint                                                               
Resolution  32   and  Senate  Joint  Resolution   20,  two  bills                                                               
regarding  the same  issue as  HJR 9.   He  said he  is tired  of                                                               
hearing  about this  issue, which  he indicated  was resolved  in                                                               
1998  with  the  addition  of   Article  1,  Section  25  in  the                                                               
Constitution  of the  State of  Alaska.   He said,  "Then came  a                                                               
small group of homosexual ...  activists and their willing allies                                                               
in  the judiciary  [branch], which  through  very tortured  logic                                                               
determined  that since  homosexual employees  of the  state could                                                               
not be  married, they must be  treated as if they  were married -                                                               
and that is through same-sex benefits."                                                                                         
                                                                                                                                
MR.  BRONSON  opined  that  this  issue  is  not  about  same-sex                                                               
benefits.   He explained, "This  is simply an  incremental attack                                                               
on the institution of marriage,  with same-sex benefits used as a                                                               
primary weapon in that attack.   Furthermore, during this attack,                                                               
the  constitutional   authority  of  the  legislature   has  been                                                               
seriously abridged  by the judiciary ...."   One option is  to do                                                               
nothing, he said;  however, Mr. Bronson predicted  that taking no                                                               
action  would result  in the  aforementioned activists  demanding                                                               
same sex  marriage and prevailing in  that demand.  He  said that                                                               
happened in  Massachusetts and elsewhere.   The other  option, he                                                               
said, is for the legislature to  pass HJR 9, to "bring this issue                                                               
to its rightful  conclusion."  He noted that he  would submit the                                                               
testimony  of Dr.  Jeffrey Satinover  [included in  the committee                                                               
packet],  which had  been presented  to the  Massachusetts Senate                                                               
Judicial Committee on April 28, 2003.                                                                                           
                                                                                                                                
8:43:36 AM                                                                                                                    
                                                                                                                                
JEANNE  LAURENCELLE testifying  on  behalf of  herself, said  she                                                               
thinks the  question to ask  is:   "Will all Alaskan  citizens be                                                               
treated equally, or  will we allow a pressure  group to institute                                                               
legislation to suppress  a minority?"  She mentioned  the Bill of                                                               
Rights  and  said people's  inherent  rights  are to  have  equal                                                               
rights, opportunities, and treatment under  law.  She asked, "So,                                                               
are  we  going   to  dispense  with  that  in   the  interest  of                                                               
fundamentalist Christians, or  are we going to  continue with our                                                               
great tradition of protecting minorities?"                                                                                      
                                                                                                                                
MS. LAURENCELLE  relayed that  she is part  of a  blended family,                                                               
and  she   relies  on  domestic  partner   benefits  through  the                                                               
University of Alaska in order to insure her step-daughter.                                                                      
                                                                                                                                
8:45:29 AM                                                                                                                    
                                                                                                                                
HONDA HEAD  testified on behalf of  herself in support of  HJR 9.                                                               
She stated:                                                                                                                     
                                                                                                                                
     Where  is  the voice  of  the  people?   Don't  we  ...                                                                    
     matter?  And  as far as rights  and being discriminated                                                                    
     against:   Hey, you know,  marriage is marriage  - it's                                                                    
     between a man and a woman.   It's not between a dog and                                                                    
     -- my dog loves us, but we  can't marry him.  So, if we                                                                    
     want coverage for  him, we have to buy it.   If we want                                                                    
     to  take  him to  the  doctor  or  to the  hospital  or                                                                    
     something for surgery, we have to  pay for it.  I mean,                                                                    
     if you're  in a relationship  that you -- it's  just as                                                                    
     disgusting to  me as being  married to an animal.   But                                                                    
     that's your ... right, but  you can pay for it yourself                                                                    
     if you want coverage for them.  Please pass this bill.                                                                     
                                                                                                                                
8:46:42 AM                                                                                                                    
                                                                                                                                
MARY GRAHAM specified that although  she is a state employee, she                                                               
is testifying  on behalf  of herself.   She noted  that she  is a                                                               
member of the  Unitarian Universalist Fellowship in  Juneau.  She                                                               
stated that she  disagrees with the many comments  heard thus far                                                               
that the  issue at hand  is about  marriage.  She  explained that                                                               
the  issue   of  marriage  was   addressed  in  1998,   when  the                                                               
aforementioned constitutional amendment  occurred.  She described                                                               
that  campaign as  "very  hurtful  and hateful."    She said  the                                                               
current issue  is one regarding  equal pay  for equal work.   She                                                               
said  HJR  9 concerns  her  because  it  would take  away  health                                                               
benefits  that   have  already  been   given  to   many  domestic                                                               
partnerships in  the state.  Those  domestic partnerships include                                                               
both heterosexuals and homosexuals.   Some of those benefits, she                                                               
related,  were negotiated  through  collective  bargaining.   She                                                               
stated, "I  don't want to  see the Alaska Constitution  limit the                                                               
right of  employees to collectively bargain  with their employers                                                               
for benefits,  which is equal  pay for  equal work."   Ms. Graham                                                               
recalled that the  bill sponsor spoke of a national  debate.  She                                                               
noted that Alaska's equal protection  clause is stronger than the                                                               
federal [clause] and  that of other states.  She  said she thinks                                                               
the Alaska Supreme Court rightly  stated that all Alaska citizens                                                               
are  created  equal and  should  receive  the benefits  of  being                                                               
Alaska citizens.  She asked the committee to table HJR 9.                                                                       
                                                                                                                                
8:48:28 AM                                                                                                                    
                                                                                                                                
DEBBIE  JOSLIN,  Chair,  Vote  YES  for  Marriage,  testified  in                                                               
support of HJR  9.  She revealed  that she had voted  in favor of                                                               
the constitutional  amendment in  1998.   She specified  that her                                                               
intent  in voting  in favor  of that  amendment was  to say  that                                                               
every aspect of  marriage is between one man and  one woman.  She                                                               
stated  that she  feels that  the judges  of Alaska  have ignored                                                               
what 70 percent  of Alaskans voiced in 1998.   She emphasized the                                                               
necessity  of putting  forth a  constitutional  amendment on  the                                                               
ballot in 2008,  so that "we could  have a chance to  weigh in on                                                               
this  and explain  further  what apparently  the  judges did  not                                                               
understand the first  time, and further define  marriage and what                                                               
that means to  us."  She stated  that the will of  the people has                                                               
been usurped by the court.                                                                                                      
                                                                                                                                
MS. JOSLIN said she has "no hate  at all toward any of the people                                                               
(indisc.  -- technical  interference) in  court," nor  for anyone                                                               
who  is homosexual.   She  reported having  received daily  phone                                                               
calls, e-mails, and letters filled  with hate towards her and her                                                               
family,  and she  said  she  does not  feel  hatred toward  those                                                               
people either.   She  said people  have the  right to  live their                                                               
lives as they  wish, but the people of Alaska  have no obligation                                                               
to call  [committed, same-sex  couples] marriage  or treat  it as                                                               
such.   She opined that children  are so much better  off if they                                                               
can be raised in "a healthy  environment where they have a mother                                                               
and a  father."  She added,  "That's not always possible,  but it                                                               
is the best for our children, and  we need to think about what is                                                               
best  for   children  here,  and  not   about  somebody's  sexual                                                               
preferences."                                                                                                                   
                                                                                                                                
MS. JOSLIN  related that she  has been  told by people  that they                                                               
have a loving, committed relationship  with another individual of                                                               
the same sex.  She said  she has a loving, committed relationship                                                               
with her mother-in-law.  She added,  "But we are not married, nor                                                               
could we ever  be married, because she  is a woman and  so am I."                                                               
She concluded,  "A marriage is  special and unique  and different                                                               
than any other relationship on the face of this earth."                                                                         
                                                                                                                                
8:51:22 AM                                                                                                                    
                                                                                                                                
ROLANDO RIVAS  testified on  behalf of  himself in  opposition to                                                               
HJR 9.  He stated that  the resolution is not about marriage, but                                                               
rather is  about taking away  rights and benefits from  a segment                                                               
of Alaska's  population.  He  said the Constitution of  the State                                                               
of Alaska guarantees  equal rights to all citizens  of the state,                                                               
and he opined  that to have some members of  the legislative body                                                               
attempt  to  take away  those  rights  for political  reasons  is                                                               
wrong.  He asked  the committee to table HJR 9,  which he said is                                                               
the right and just action to take.                                                                                              
                                                                                                                                
8:52:32 AM                                                                                                                    
                                                                                                                                
ART  GRISWOLD  testified in  support  of  HJR  9.   He  described                                                               
himself as  a 72-year-old man who  has lived in Alaska  since the                                                               
1950s and  is married to  a woman with  whom he has  raised eight                                                               
children, plus  fostered other children from  problem households.                                                               
He stated  his belief that "marriage  is a very critical  part of                                                               
raising children," and "a man and  a woman can raise the children                                                               
where you don't confuse them as  to their sexuality."  He said it                                                               
is the  right of the  people of Alaska to  be allowed to  vote on                                                               
whether or not  to recognize same-sex partners,  and he indicated                                                               
that HJR 9  would give people that opportunity.   He concluded by                                                               
noting that he is a veteran.                                                                                                    
                                                                                                                                
8:53:57 AM                                                                                                                    
                                                                                                                                
MARSHA BUCK testified on behalf  of Parents, Families and Friends                                                               
of  Lesbians and  Gays  (PFLAG)  in opposition  to  HJR  9.   She                                                               
indicated that  through a recently passed  initiative mandating a                                                               
90-day  legislative session,  the  public is  giving the  message                                                               
that  it   wants  its  legislators   to  use  time   wisely,  not                                                               
frivolously.   She said  this hearing  and the  upcoming, related                                                               
advisory vote  together "give the  appearance of a huge  waste of                                                               
time and money."  In response  to a question from Chair Lynn, she                                                               
said she  serves as mother  to a woman  whose partner is  a state                                                               
employee, and that woman would  lose her benefits if the proposed                                                               
constitutional amendment were to pass.                                                                                          
                                                                                                                                
8:57:45 AM                                                                                                                    
                                                                                                                                
BARBARA BELKNAP testified  on behalf of herself  in opposition to                                                               
HJR 9.  She spoke of the issue  of fairness, which she said is in                                                               
the eye of  the beholder.  When two parties  cannot agree on what                                                               
is fair, she said, the issue  goes to the courts for an impartial                                                               
decision.   She relayed that  some members of the  legislature do                                                               
not  like  the  decision  made about  fairness  by  the  judicial                                                               
branch.  She continued:                                                                                                         
                                                                                                                                
     The judges ruled  that it was not fair  for some public                                                                    
     employees  to  get  employment benefits  by  virtue  of                                                                    
     marriage,   while  their   coworkers,  [who]   were  in                                                                    
     committed,   same-sex    relationships,   were   denied                                                                    
     benefits.  This resolution  appears to go even further,                                                                    
     prohibiting  all employers  from  offering benefits  to                                                                    
     any   couples  who   are  not   married.     The  state                                                                    
     constitution  guarantees  equal protection,  and  since                                                                    
     the   state   workers    were   prohibited   by   their                                                                    
     constitution in  marrying, the fair  and just  thing to                                                                    
     do is to provide equal benefits for equal work.                                                                            
                                                                                                                                
MS. BELKNAP said the goal of  good government policy should be to                                                               
ensure  as many  people  as possible  have  health benefits,  not                                                               
taking  them  away.    She  said  she  disagrees  with  a  recent                                                               
statement by  former Representative Phillips that  fairness is an                                                               
inherent  moral  value for  Alaskans,  because  if it  were,  "we                                                               
wouldn't be  here today."  She  said the attitude, "live  and let                                                               
live" used  to be an  Alaskan philosophy,  but that is  no longer                                                               
true.    Ms. Belknap  warned  that  HJR  9 would  further  divide                                                               
Alaskans.  She concluded:                                                                                                       
                                                                                                                                
     The "us"  versus "them" public discourse  will continue                                                                    
     to hurt  our gay  and lesbian family  members, friends,                                                                    
     and  neighbors who  contribute so  much  to our  state.                                                                    
     Ultimately,  if  the  two proposed  amendments  to  the                                                                    
     constitution  pass, existing  and future  benefits will                                                                    
     be taken  away from hard  working Alaskans.   Now, that                                                                    
     is really unfair.                                                                                                          
                                                                                                                                
9:00:05 AM                                                                                                                    
                                                                                                                                
CHRISTINA JOHANNES testified  on behalf of herself  in support of                                                               
HJR 9.   She said she  sees the resolution as  a clarification of                                                               
what already exists  in the Constitution of the  State of Alaska.                                                               
She said  she was dumbfounded  by the court's decision  to ignore                                                               
the implications of the 1998  amendment and give marital benefits                                                               
to same-sex unions.   She said she hopes the wording  of HJR 9 is                                                               
sufficient  to  "overcome the  strong,  ideological  bent of  the                                                               
court on this matter," because she  said it would be a tragedy to                                                               
have  to pass  yet another  amendment "in  order to  preserve the                                                               
natural law  definition of marriage."   Ms. Johannes  opined that                                                               
homosexual unions are in no way  similar to marriage, and thus it                                                               
was incorrect for the court to  say that they are; therefore, she                                                               
added, "this is not an equal  protections issue."  She stated, "A                                                               
small group of  people want to impose their own  sexual values on                                                               
the majority  of Alaskans,  and they  are using  the court  to do                                                               
it."                                                                                                                            
                                                                                                                                
MS. JOHANNES  said the language  of the amendment states  that no                                                               
other union  is similarly situated  to marriage, which is  of the                                                               
utmost  importance,   because  it   gives  the  courts   a  clear                                                               
directive.  She stated:                                                                                                         
                                                                                                                                
     Marriage is the foundation  of our civilization and the                                                                    
     foundation of  our society.   As a  society we  have an                                                                    
     interest  in  promoting  marriage,  because  it  is  by                                                                    
     nature  procreative and  touches  our future  in a  way                                                                    
     that no  other relationship can.   It is  not [emphasis                                                                    
     on  "not"]  unfair  to   promote  marriage  over  other                                                                    
     relationships.                                                                                                             
                                                                                                                                
MS. JOHANNES  recollected that a  previous testifier  referred to                                                               
bullying.  She remarked that she  has never seen so much bullying                                                               
as  she  has  seen  from  the  opponents  of  the  "natural  law"                                                               
definition  of  marriage.   She  asked,  "Protecting marriage  is                                                               
called a  hate crime?"   She  said that  statement shows  her how                                                               
important the protection of marriage  is.  She added, "Because if                                                               
we  do  not  overturn  the court's  decision  by  clarifying  the                                                               
marriage  amendment, we  can only  expect  more of  this sort  of                                                               
bullying to  try to make us  except the erroneous values  of this                                                               
minority."                                                                                                                      
                                                                                                                                
9:02:18 AM                                                                                                                    
                                                                                                                                
JANE  HAIGH testified  on behalf  of  herself and  her family  in                                                               
opposition  to HJR  9.   She  revealed  that she  has  been in  a                                                               
committed  relationship  for  25  years.    She  said  she  feels                                                               
privileged  that she  is female  and  her partner  happens to  be                                                               
male, so  that they can be  married and she and  her children can                                                               
be covered by her husband's health  benefits.  She stated that it                                                               
seems extremely  unfair that  those types  of benefits  should be                                                               
denied to "other people who are not similarly situated."                                                                        
                                                                                                                                
MS. HAIGH  said the writers of  the Constitution of the  State of                                                               
Alaska  enshrined equal  rights  and benefits  - including  equal                                                               
rights to privacy - beyond  what is in the national Constitution.                                                               
Furthermore, she  noted, it states  that all residents  of Alaska                                                               
have corresponding  obligations to the  people and to  the state.                                                               
She pointed out  that means all people.  She  stated, "I just see                                                               
this amendment as extremely degrading  to our constitution."  She                                                               
expressed  her  hope  that  people   would  move  toward  a  more                                                               
egalitarian society.                                                                                                            
                                                                                                                                
MS.  HAIGH  said,  "To  me,  marriage  is  a  sacrament  that  is                                                               
sanctified   by  religious   communities,   and  some   religious                                                               
communities  decide  not  to sanctify  gay  marriages  and  other                                                               
religious communities  decide that  they will  sanctify marriages                                                               
between people of the same sex."   She said [the majority of] the                                                               
people of  Alaska have defined  marriage as one  particular union                                                               
between a  man and  a woman; however,  she stated,  "The supposed                                                               
morality  of  one  people  cannot  override  the  equal  benefits                                                               
inferred  to everyone  in the  state in  our constitution."   She                                                               
said there  are moral people on  both sides of the  issue and "we                                                               
can't enshrine the morals of one side in the constitution."                                                                     
                                                                                                                                
MS. HAIGH  said she  is also offended  by [Mr.  Leman's] previous                                                               
characterization of the supreme court  as a bunch of "black-robed                                                               
elites."   She said people  in society  do not always  agree, and                                                               
the supreme court is empowered  by all Alaskans to make decisions                                                               
based on  the constitution.   She indicated  that she  thinks the                                                               
Alaska Supreme Court correctly interpreted the constitution.                                                                    
                                                                                                                                
9:05:44 AM                                                                                                                    
                                                                                                                                
PATTY GRISWOLD testified  on behalf of herself in  support of HJR
9.  She  concurred with the previous  testimony of Representative                                                               
Coghill.  She said the United  States was built upon religion and                                                               
religious  values, and  she indicated  that the  language of  the                                                               
Bible depicts marriage as being between a man and a woman.                                                                      
                                                                                                                                
9:07:25 AM                                                                                                                    
                                                                                                                                
PATRICK MARLOW  testified on behalf  of himself in  opposition to                                                               
HJR 9.   He said  both he and  his partner, Richard  Collins, are                                                               
employees of the University of  Alaska Fairbanks (UAF), thus, can                                                               
choose whether  or not  to receive  benefits independently.   Mr.                                                               
Marlow relayed  that he and his  partner have made the  choice to                                                               
be  covered under  Mr. Collins'  benefit  plan for  the last  two                                                               
years, resulting  in an  annual savings of  $1,000.   He revealed                                                               
that he and  his partner have been "registered  partners with the                                                               
University" for over  10 years, have been partners  for 15 years,                                                               
and have lived in Alaska for 12  years.  He said if [HJR 9 passes                                                               
and  the  people  vote  to  adopt the  amendment],  he  would  be                                                               
compelled  to go  to  a lawyer  and demand  that  the rights  and                                                               
benefits  that he  has  been  receiving for  the  last decade  be                                                               
continued.   He said he  anticipates there  would be quite  a few                                                               
others who would sue the state over the issue, as well.                                                                         
                                                                                                                                
MR. MARLOW  stated that  the larger  issue is:   "What  are those                                                               
obligations,  rights,  benefits, et  cetera,  of  marriage?"   He                                                               
explained that he  fears a consequence of  this legislation would                                                               
be that if his  partner became ill, he would be  told that he has                                                               
no  right  to make  decisions  related  to medical  treatment  on                                                               
behalf  of his  partner,  because  of the  fact  that  he is  not                                                               
married to  him.   He stated,  "Yet that  is the  relationship we                                                               
have:  I  have responsibility for him; he  has responsibility for                                                               
me.   We are  not a burden  on the  state.  We  are not  a burden                                                               
precisely because we accept that responsibility for each other."                                                                
                                                                                                                                
MR. MARLOW concluded:   "Lastly, I'd like to  say that personally                                                               
I'm offended by being compared to a dog."                                                                                       
                                                                                                                                
9:11:27 AM                                                                                                                    
                                                                                                                                
SID HEIDERSDORF testified on behalf  of himself in support of HJR
9.  He  said it is incredible that this  issue is being revisited                                                               
after  the amendment  made to  the  constitution (in  1998).   He                                                               
stated that  he thinks  this issue  is "exactly  about marriage,"                                                               
and  that view  is supported  by  what the  Alaska Supreme  Court                                                               
determined.   He explained that  the court said  that individuals                                                               
involved  in  same-sex unions  are  situated  similarly to  those                                                               
involved  in  marriage, and  thus  deserve  to receive  the  same                                                               
benefits.                                                                                                                       
                                                                                                                                
MR. HEIDERSDORF  posited that  if, in  fact, denying  benefits to                                                               
"the  nonmarried"  is  discrimination, then  the  Alaska  Supreme                                                               
Court  should  have a  "hey-day"  overruling  the many  forms  of                                                               
discrimination  in society,  based,  for example,  on age,  race,                                                               
economic  status,  and  residence.    He  mentioned  professional                                                               
licenses,  Welfare  programs,   limited  entry,  and  subsistence                                                               
hunting, and  he said,  "All of  this discriminates  against some                                                               
people."    He  noted  that  [this  type  of  discrimination]  is                                                               
accepted  because it  is for  the good  of society.   He  said he                                                               
thinks  the  supreme court  ignored  that  issue and  "failed  to                                                               
recognize that  marriage is a  vital institution for  the welfare                                                               
of  our society."   He  added that  there is  nothing unusual  in                                                               
denying marriage  benefits for  people who are  not married.   He                                                               
indicated  that this  is not  an  issue regarding  equal pay  for                                                               
equal  work.   He explained,  "If you  ask 10  people out  in the                                                               
street what  their pay was,  they would  not tell you  what their                                                               
benefits were."   He said they would simply tell  you [the amount                                                               
of money they take home].                                                                                                       
                                                                                                                                
9:14:49 AM                                                                                                                    
                                                                                                                                
LYDIA  GARCIA,  Interim  Executive Director,  National  Education                                                               
Association of  Alaska (NEA-Alaska),  testified in  opposition to                                                               
HJR  9  and  "to  all   legislation  that  discriminates  against                                                               
Alaskans."   She said legislation such  as HJR 9 has  no place in                                                               
Alaska.  She cited [Article I,  Section 1] of the Constitution of                                                               
the State of Alaska, which  read as follows [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
                                                                                                                                
     SECTION  1.     Inherent  Rights.This  constitution  is                                                                    
     dedicated  to the  principles that  all persons  have a                                                                    
     natural  right   to  life,  liberty,  the   pursuit  of                                                                    
     happiness, and  the enjoyment of  the rewards  of their                                                                    
     own industry;  that all persons are  equal and entitled                                                                    
     to  equal rights,  opportunities, and  protection under                                                                    
     the  law;  and  that  all  persons  have  corresponding                                                                    
     obligations to the people and to the State.                                                                                
                                                                                                                                
                                                                                                                                
MS. GARCIA  stated that HJR 9  would prevent equal pay  for equal                                                               
work  and  deny access  to  health  care  for workers  and  their                                                               
families.    She  reported  that   on  February  2,  [2007],  400                                                               
delegates  - elected  by  NEA-Alaska's 13,000  members  - met  in                                                               
Anchorage   for  the   fifty-first  annual   NEA-Alaska  delegate                                                               
assembly,  at which  time  they set  the  policy that  NEA-Alaska                                                               
would adamantly  oppose legislation  such as HJR  9.   Ms. Garcia                                                               
said it  is unfortunate  that the  proposed legislation  is being                                                               
heard, considering  the other  legislation currently  assigned to                                                               
the  House State  Affairs Standing  Committee.   She stated  that                                                               
NEA-Alaska respects all the members  of the committee, as well as                                                               
the legislative process.   She asked that HJR 9  receive the same                                                               
fate as  last year's Senate Joint  Resolution 20 - to  be stopped                                                               
in committee.                                                                                                                   
                                                                                                                                
9:17:38 AM                                                                                                                    
                                                                                                                                
JOHN MONAGLE testified on behalf of  himself in support of HJR 9.                                                               
He stated  that HJR 9 is  an issue of marriage,  and he indicated                                                               
that any  other statement  is "rhetoric,"  a "smoke  screen," and                                                               
"an  attack on  marriage."   He  said he  particularly likes  the                                                               
wording in  HJR 9 that  specifies that marriage  consists between                                                               
one  man  and  one  woman,  and  that  no  other  union  will  be                                                               
recognized.    He asked  the  committee  to pass  the  resolution                                                               
quickly.                                                                                                                        
                                                                                                                                
9:18:37 AM                                                                                                                    
                                                                                                                                
MARY BISHOP testified on behalf of herself in opposition to HJR
9.  She said she respectfully disagrees with Representative                                                                     
Coghill and Mr. Leman.  She continued:                                                                                          
                                                                                                                                
     It is a societal issue that  we need to answer now, and                                                                    
     it's an  issue that I've  been wrapping my  head around                                                                    
     for 60  or my  69 years.   ...  My ideas,  my concepts,                                                                    
     have evolved  over those 60  years.  It's not  easy for                                                                    
     me, as  a Catholic or as  a Republican ... to  come out                                                                    
     on these  issues, but it  is a decision that  I've made                                                                    
     in good conscience.                                                                                                        
                                                                                                                                
     My 46-year marriage to Richard  is not threatened by my                                                                    
     friends'  same-sex union,  nor is  any other  marriage.                                                                    
     Indeed,  imitation   is  the   most  sincere   form  of                                                                    
     flattery, and I am  thankful when committed gay couples                                                                    
     value  the same  sort  of commitment  found  in a  good                                                                    
     heterosexual marriage.                                                                                                     
                                                                                                                                
     The New  Jersey Supreme  Court recently ruled  that New                                                                    
     Jersey  must  provide  benefits to  same-sex,  domestic                                                                    
     partners.    Instead   of  proposing  a  discriminatory                                                                    
     amendment to  their state constitution, the  New Jersey                                                                    
     legislature   created  a   civil  union   law  allowing                                                                    
     committed  domestic   partners  to  receive   the  same                                                                    
     benefits  as   married  couples.     And  I   urge  our                                                                    
     legislators to do likewise.                                                                                                
                                                                                                                                
     To  pass HJR  9 would  mean  that no  matter how  long-                                                                    
     standing the  commitment of an unmarried,  straight, or                                                                    
     gay couple,  they could be  denied - and they  would be                                                                    
     denied  - the  right to  visit a  hospitalized partner,                                                                    
     end-of-life  healthcare,   child  custody,   and  other                                                                    
     state-provided spousal rights.   Equal rights under the                                                                    
     constitution would take a big  hit in all kinds of ways                                                                    
     yet to be litigated.                                                                                                       
                                                                                                                                
     We've got to get past the  fear, ... the myths, and the                                                                    
     discrimination that understandably  result in anger and                                                                    
     retaliation,  drugs and  alcohol,  family despair,  and                                                                    
     sometimes, unfortunately, suicide.                                                                                         
                                                                                                                                
     A state  statute providing for  civil unions  among gay                                                                    
     and straight  couples is  the response  our legislature                                                                    
     should make to our supreme court's unanimous ruling.                                                                       
                                                                                                                                
     The will  of the people  can become the tyranny  of the                                                                    
     majority, and I think all  of us who have been involved                                                                    
     with government realize that, and  that's why we have a                                                                    
     constitution that protects the minority.                                                                                   
                                                                                                                                
9:22:06 AM                                                                                                                    
                                                                                                                                
KEVIN DAUGHTERY testified on behalf  of himself in support of HJR
9.  He noted that the  beginning of the Constitution of the State                                                               
of Alaska  begins and ends  with an  emphasis on "we  the people"                                                               
and the right of the people  to amend the constitution, which Mr.                                                               
Daughtery noted  has been done 27  times.  He posited  that it is                                                               
unnecessary to  argue about  the merits of  the issue  before the                                                               
committee, but rather,  to put the issue before  Alaskans and let                                                               
them vote.                                                                                                                      
                                                                                                                                
9:23:28 AM                                                                                                                    
                                                                                                                                
KATHERINE HOCKER testified on behalf  of herself in opposition to                                                               
HJR 9.   She stated  that she  thinks the proposed  resolution is                                                               
damaging to the will of the  people as shown in the constitution.                                                               
She said she  is sorry to hear "what seems  like a disrespect for                                                               
the [Alaska]  Supreme Court.   She asked  the committee  to table                                                               
HJR 9,  adding, "In fact,  you might as  well just crumple  it up                                                               
and throw it away."                                                                                                             
                                                                                                                                
9:24:14 AM                                                                                                                    
                                                                                                                                
MAC CARTER  testified on behalf of  himself in support of  HJR 9.                                                               
He noted that his wife is  a part-time employee with the State of                                                               
Alaska  and does  not receive  benefits, and  he opined  that the                                                               
fact that  she receives no  benefits is discrimination.   He read                                                               
from the Bible, Hebrews, Chapter 13, Verse 4, as follows:                                                                       
                                                                                                                                
      Marriage should be honored by all, and the marriage                                                                       
      bed kept pure.  For God will judge the adulterer and                                                                      
     all the sexually immoral.                                                                                                  
                                                                                                                                
MR. CARTER expressed pride in  Alaskans being "different than any                                                               
place else."  He  said a law should not be  passed just to follow                                                               
the actions  of another state when  it goes against the  voice of                                                               
the majority of Alaskans.  He  said passage of HJR 9 should close                                                               
all  doors to  any more  discussion regarding  the importance  of                                                               
marriage between one man and one woman.                                                                                         
                                                                                                                                
9:26:39 AM                                                                                                                    
                                                                                                                                
MICHAEL MACLEOD-BALL, Executive  Director, Alaska Civil Liberties                                                               
Union (ACLU)  Alaska, stated that  ACLU Alaska was  the proponent                                                               
of "the litigation  that resulted in the  October 2005 decision,"                                                               
and, thus,  he said he  thinks ACLU's  position on this  issue is                                                               
"fairly well known."   He noted that 15 of  the 16 people present                                                               
at  the  Anchorage  Legislative  Information  Office  (LIO)  were                                                               
"firmly in  opposition to this  matter."  He urged  the committee                                                               
to consider:   "Simply because  50.1 percent  may be in  favor of                                                               
something  doesn't mean  that we  should amend  our constitution,                                                               
which is  considered one of  the most progressive  and protective                                                               
of individual rights of any constitution in the country."                                                                       
                                                                                                                                
CHAIR LYNN  announced that  the committee had  time to  hear only                                                               
two more testimonials.                                                                                                          
                                                                                                                                
9:27:53 AM                                                                                                                    
                                                                                                                                
DIXIE HOOD  testified on behalf  of herself in opposition  to HJR
9.  She  said she is a licensed marriage  and family therapist in                                                               
private practice in Juneau.  She read her testimony as follows:                                                                 
                                                                                                                                
     Governing  the  diverse  and  independent  citizens  of                                                                    
     Alaska  can  sometimes  be compared  to  herding  cats.                                                                    
     Likewise  can the  indignant Alaskan  public attempting                                                                    
     to  keep  the  legislative  Majority  on  a  civil  and                                                                    
     constructive track.  I am  here this morning to join an                                                                    
     effort   to   herd  you   cats   toward   a  sense   of                                                                    
     responsibility.                                                                                                            
                                                                                                                                
     Alaska is  a state  that should  be governed  by humane                                                                    
     and just  law, not  intolerance and  emotional tirades.                                                                    
     The slick mailers  sent out in support of  "Vote yes to                                                                    
     protect  marriage  and  families" distorts  the  truth.                                                                    
     The ruling of the Alaska  Supreme Court is not abusive.                                                                    
     The  advisory vote  and  this  proposed legislation  is                                                                    
     abusive  to a  significant  percent  of Alaskans,  both                                                                    
     adults  and children  who  would  lose health  benefits                                                                    
     they already have.                                                                                                         
                                                                                                                                
     Based  on the  equal  protection clause  of our  Alaska                                                                    
     Constitution,  the  supreme  court sought  through  its                                                                    
     ruling  to protect  persons in  committed relationships                                                                    
     who   are  prohibited   from  marriage   by  the   1998                                                                    
     amendment.     The  ruling  called  for   equal  pay  -                                                                    
     including benefits  - for equal work.   To characterize                                                                    
     that  ruling  as a  demand  for  "special benefits"  is                                                                    
     dishonest semantics.  Every  legislator swore to uphold                                                                    
     the [Alaska]  State Constitution.   Failing  to support                                                                    
     equal   protection  for   all  Alaskans   violates  our                                                                    
     constitution  and   panders  to  prejudices   based  on                                                                    
     disregard for  our system of  justice and  ignorance of                                                                    
     the nature of sexual orientation.                                                                                          
                                                                                                                                
     Whatever the outcome of the  advisory vote, it is not a                                                                    
     representative  scientific poll.    This advisory  vote                                                                    
     you approved foments fear,  hatred, and divisiveness in                                                                    
     our  communities.   Recent letters  to  the editor  are                                                                    
     shocking in their trampling of  democratic values.  The                                                                    
     special  election  is  also a  waste  of  the  peoples'                                                                    
     money.   And  this bill,  HJR 9,  wastes your  time and                                                                    
     ours  when  there  are many  high  priority  needs  for                                                                    
     legislative action.   I  believe it  is an  exercise in                                                                    
     futility.                                                                                                                  
                                                                                                                                
     If you have homophobic  constituents with whom you wish                                                                    
     to demonstrate  an alliance, this  bill is  a political                                                                    
     ploy unworthy of elected state  representatives.  HJR 9                                                                    
     is  shameful and  should never  come out  of committee.                                                                    
     It is not the "cat's meow."                                                                                                
                                                                                                                                
9:31:08 AM                                                                                                                    
                                                                                                                                
LIN DAVIS testified on behalf of  herself in opposition to HJR 9.                                                               
She said she is a state  employee who has taken personal leave in                                                               
order to testify  before the committee.  She read  from a portion                                                               
of her written testimony as follows:                                                                                            
                                                                                                                                
     ... I  like what President  Bush said at  Coretta Scott                                                                    
     King's funeral:   "Her work made us whole."   Let's use                                                                    
     Coretta's  life   and  President  Bush's  words   as  a                                                                    
     measuring stick, and see how HJR 9 measures up.                                                                            
                                                                                                                                
     First, HJR  9 will take  away the health  insurance and                                                                    
     survivor benefits that I am  now able to offer my same-                                                                    
     sex  life   partner.    Imagine,  taking   away  health                                                                    
     benefits.   We've been together  19 years,  [and] we're                                                                    
     on  our  third  set  of  dogs.    My  partner  is  self                                                                    
     employed, and my health insurance  is all that she has.                                                                    
     As   an  older   couple,   we   are  very   financially                                                                    
     vulnerable:  If she had  a major medical crisis and had                                                                    
     no  health insurance,  we could  quickly lose  our home                                                                    
     and slide into bankruptcy.   If my partner had to enter                                                                    
     a nursing  home, I would not  be able to remain  in our                                                                    
     home.  We could lose so  much so quickly.  And how does                                                                    
     taking  away  her  health insurance  serve  the  public                                                                    
     good?    How will  it  help  our  community if  she  is                                                                    
     prevented from  getting my last  paycheck and  my death                                                                    
     benefits?                                                                                                                  
                                                                                                                                
     Because  HJR 9  makes us  financially very  vulnerable,                                                                    
     our  whole community  loses if  the  two of  us are  in                                                                    
     health  financial crisis.   It  costs everyone  - local                                                                    
     businesses, the  hospital, the city,  the state  - when                                                                    
     we  can't   financially  survive.    HJR   9  does  not                                                                    
     strengthen our  communities.   It's clearly  bad public                                                                    
     policy; it appears to be  punishing those of us who are                                                                    
     different.  This is clearly not a Coretta.                                                                                 
                                                                                                                                
     The  intent of  HJR  9  is to  make  sure that  certain                                                                    
     groups  of people  are  kept  financially and  socially                                                                    
     vulnerable and marginalized.  Why  would anyone want to                                                                    
     do that to a group of their fellow Americans?                                                                              
                                                                                                                                
     At  a time  when most  states are  figuring out  how to                                                                    
     provide health insurance for  all citizens, Alaska will                                                                    
     be in  a race to the  bottom by proposing to  take away                                                                    
     health   benefits  and   survivor  benefits   from  gay                                                                    
     employees  who are  in  committed, same-sex,  long-term                                                                    
     relationships.  Note  that the net has  ... widened and                                                                    
     now unmarried men and women are also targets.                                                                              
                                                                                                                                
     HJR  9 is  so un-Alaskan;  it's so  undemocractic.   We                                                                    
     know  these  exact  words are  imported  from  Michigan                                                                    
     where  this  policy has  been  damaging  to the  public                                                                    
     good.                                                                                                                      
                                                                                                                                
     Alaskans believe  in fairness  and equal pay  for equal                                                                    
     work.   What  kind of  example are  we setting  for our                                                                    
     youth when they  see it's okay to treat  gay people and                                                                    
     unmarried  people as  second-class  citizens?   My  co-                                                                    
     workers  at the  job center  where I  work are  pleased                                                                    
     that after  10 years, I'm  finally making equal  pay to                                                                    
     them.                                                                                                                      
                                                                                                                                
     Alaskans  are   proud  of  our  constitution   and  its                                                                    
     eloquent  equal protection,  which indeed  lives up  to                                                                    
     Coretta's  life work.    HJR 9  appears  to be  another                                                                    
     prong  in  a movement  called,  "No  Gays Left  in  the                                                                    
     Constitution."                                                                                                             
                                                                                                                                
     What if the signers  of this resolution are unknowingly                                                                    
     writing their  child or niece  or nephew  or grandchild                                                                    
     out of constitutional equal protection?   What a deeply                                                                    
     harmful action toward a family member.                                                                                     
                                                                                                                                
     HJR  9  will  prevent  employers here  in  Juneau  from                                                                    
     providing work-related  merit-based benefits  that they                                                                    
     deem necessary.   Here in Juneau we have  CBJ [the City                                                                    
     and  Borough of  Juneau], [the]  University [of  Alaska                                                                    
     Southeast],   Bartlett   [Regional]  Hospital,   Alaska                                                                    
     Airlines, [and] actually about 10 or 12 others.                                                                            
                                                                                                                                
     Thank  you.   Please table  this; it's  extraordinarily                                                                    
     harmful.                                                                                                                   
                                                                                                                                
9:35:27 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN  thanked everyone  for  their  testimony.   He  asked                                                               
Representative Roses to  state for the record the  names of those                                                               
who had  signed up to testify  but had not been  given the chance                                                               
due to time constraints.                                                                                                        
                                                                                                                                
9:35:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ROSES  offered   his   understanding  that   the                                                               
following people were  opposed to HJR 9 but had  not had a chance                                                               
to  testify:   Tim Stallard,  Paul Adasiak,  and Cheryl  Humme of                                                               
Fairbanks;  Jane  Schlittler,  Jeanette Aileen,  Allison  Mendel,                                                               
Stephen Gingrich, Cady Lister, and  Scott Bailey of the Anchorage                                                               
area;  and  Paula Terrell  of  Juneau.    He indicated  that  the                                                               
committee had received a letter of  support for HJR 9 from Shelly                                                               
Hughes (ph) of Palmer, Alaska.                                                                                                  
                                                                                                                                
CHAIR  LYNN encouraged  everyone to  submit his/her  testimony in                                                               
writing or electronically to the committee.                                                                                     
                                                                                                                                
9:36:26 AM                                                                                                                    
                                                                                                                                
SHERRY  MODROW related  that  she  had signed  up  to testify  in                                                               
opposition to HJR 9.                                                                                                            
                                                                                                                                
9:37:12 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN closed public testimony.                                                                                             
                                                                                                                                
9:37:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG noted that  Juneau has received a record                                                               
amount of  snowfall, and he asked  Mr. Doll if "having  a special                                                               
election at this unusual time will affect the turnout."                                                                         
                                                                                                                                
9:38:14 AM                                                                                                                    
                                                                                                                                
MR.  DOLL  noted  that  Juneau will  be  holding  three  separate                                                               
elections:  One on April 3, another  in June on a bond issue, and                                                               
the general election  in the fall.  He stated  that he thinks the                                                               
public will be  "somewhat tapped out on  participation," but said                                                               
he  hopes for  voter turnout.   He  offered his  belief that  the                                                               
turnout in  Juneau on  this issue  will be  "substantial," simply                                                               
because of  the number of  state employees and  people interested                                                               
in the topic.                                                                                                                   
                                                                                                                                
9:39:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOLL  noted that the  Bill of Rights was  added to                                                               
the  United States  Constitution  later.   Since  that time,  she                                                               
said, preambles  of state constitutions  have been  considered to                                                               
be separate from the constitution,  in the sense that they cannot                                                               
be amended.   She stated, "The  freedoms and rights that  we have                                                               
cannot  be amended,  and  therefore, it's  a  protection for  the                                                               
minority against  the majority."   She posited that the  issue at                                                               
hand  is not  one regarding  marriage, per  se.   The point,  she                                                               
related, is  that the  proposed resolution  is an  attack against                                                               
the  preamble and  against the  responsibilities of  the judicial                                                               
system  to uphold  the constitutionality  of the  preamble.   She                                                               
stated her opposition  to HJR 9 and asked that  the resolution be                                                               
tabled.  She added that she  appreciates each member of the House                                                               
State Affairs Standing Committee and his/her right to speak.                                                                    
                                                                                                                                
9:41:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG stated  his opposition  to HJR  9 as  a                                                               
denial of basic human rights.  He  said he took an oath to uphold                                                               
the constitution and  the principles to which it  stands, and the                                                               
most basic  human principle is equal  protection of the law.   He                                                               
said the resolution  "talks about a union,  ... rights, benefits,                                                               
obligations, qualities,  or effects  of marriage," and  he stated                                                               
that he thinks  that is very broad.  He  said, "This will include                                                               
aspects of  property law,  worker's [compensation]  law, criminal                                                               
law,  inheritance, family  law, spousal  support, aggravators  at                                                               
sentencing,  the  Human  Rights  Act,  your  insurance  law,  and                                                               
hospitalization,  to name  only  a few."   He  said  he would  be                                                               
asking  Legislative   Legal  and   Research  Services   how  many                                                               
different areas of the Constitution of  the State of Alaska HJR 9                                                               
could  touch.   He  relayed that  he has  grave  doubts that  the                                                               
resolution  could   survive  a   court  challenge  or   would  be                                                               
considered a revision.                                                                                                          
                                                                                                                                
9:43:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  said he thinks  the legal aspects  can be                                                               
worked out in the House  Judiciary Standing Committee.  He stated                                                               
his support  of HJR 9  as "an overall  policy call".   He related                                                               
that he, too,  took an oath to uphold the  constitution.  He said                                                               
he thinks one of the tenets  that the country was founded upon is                                                               
the  separation  of powers.    He  said  he thinks  the  [Alaska]                                                               
Supreme Court  has stepped across  the line from  an interpretive                                                               
body to  a policy making one,  which concerns him.   He expressed                                                               
his wish that  the topic was a different one;  however, he thinks                                                               
needed conversations  will be generated to  clearly establish the                                                               
legislature's role  in government.   He stated  concern regarding                                                               
the  abbreviation of  public  testimony.   He  explained that  he                                                               
thinks HJR  9 is legislation that  deserves to be heard  and upon                                                               
which people have a right to speak.                                                                                             
                                                                                                                                
9:45:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  said  taking  an  oath  to  uphold  the                                                               
constitution means  promising to uphold the  entire constitution.                                                               
He stated, "Included ... is  the ability to put forward questions                                                               
like  this to  the public,  and also  ... [for]  the public  ...,                                                               
through the  initiative [process],  to affect  what we  do here."                                                               
He  stated that  he has  no  problem "putting  this question  out                                                               
there."  He  said there is a high bar  required - a three-quarter                                                               
vote of the  legislature - to get  this issue on the  ballot.  He                                                               
stated, "I'm  not sure when it  gets on the floor  where it's all                                                               
going to shake out for me,  but I will support this going through                                                               
the committee process."                                                                                                         
                                                                                                                                
9:46:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  stated that of all  his constituents, there                                                               
are as many in  favor of HJR 9 as there are  those opposed to it.                                                               
He  said  there  have  been  many bills  where  his  opinion  has                                                               
differed from  the way he voted  on them.  He  explained that the                                                               
reason for  that is that  he was  elected to represent  those who                                                               
voted for him.   He noted that his two  daughters are on opposite                                                               
sides  of  this issue.    He  stated  that  he will  support  the                                                               
resolution now; however, he is not  certain how he will vote when                                                               
the issue gets to the House floor.                                                                                              
                                                                                                                                
9:48:53 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN stated  his belief  that the  only appropriate  legal                                                               
marriage  is between  one  man and  one woman.    Other kinds  of                                                               
partnerships do  not constitute  a legal  marriage, he  said, and                                                               
therefore are not a "proper ...  base for benefits to one or more                                                               
of the partners."  He stated:                                                                                                   
                                                                                                                                
     To me,  the fact that  such partners are  not permitted                                                                    
     by law  to marry is  irrelevant.  If someone  can't get                                                                    
     married,  for  whatever  reason,  they  should  not  be                                                                    
     treated by law as if they were married.                                                                                    
                                                                                                                                
CHAIR LYNN, regarding  the issue of separation  of powers between                                                               
the  judiciary,  legislative,  and executive  branches,  said  he                                                               
thinks [the judiciary branch] has  overstepped its bounds and the                                                               
legislature  should respond  and give  the people  of Alaska  the                                                               
chance to respond.                                                                                                              
                                                                                                                                
9:49:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL said  benefits were  offered after  WWII,                                                               
and a  high value was  placed on married  people.  He  said there                                                               
was no  contemplation of offering benefits  to unmarried couples.                                                               
The  assumption  then,  he  said,   was  that  a  married  couple                                                               
consisted of a man  and a woman.  The debate  since then has been                                                               
whether or  not to maintain that  assumption.  He said  he stands                                                               
on the  side that  says marriage  should be between  a man  and a                                                               
woman.  He  stated his belief that "a marriage  between a man and                                                               
a woman gives  us the best stability in our  workforce."  He said                                                               
he believes  the people spoke clearly  on that issue in  1998 and                                                               
the [Alaska] Supreme  Court is wrong on this issue.   He stressed                                                               
the importance  of people speaking  their views on both  sides of                                                               
the issue.  He said he  does not believe that holding marriage in                                                               
a special way  is discriminatory.  He said he  does not know that                                                               
the benefits offered  by employers are an  inherent, basic right.                                                               
He said  after having  been overruled by  the supreme  court, the                                                               
only recourse is to ask the people  of Alaska if they concur.  He                                                               
stated that  he will  not shrink  from any  legal questions.   He                                                               
posited that if  [HJR 9] is a revision of  the constitution, then                                                               
so was the decision of the  supreme court.  He said every benefit                                                               
that  a married  couple has  been afforded  up to  this point  is                                                               
going to fall to the logic of the court.                                                                                        
                                                                                                                                
9:55:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL  [moved to report  HJR 9 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.]                                                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG objected.                                                                                              
                                                                                                                                
9:55:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved  to table HJR 9 to  give those who                                                               
have not yet testified a chance to come before the committee.                                                                   
                                                                                                                                
REPRESENTATIVE COGHILL objected.                                                                                                
                                                                                                                                
A roll call  vote was taken.  Representatives  Doll and Gruenberg                                                               
voted  in  favor  of  tabling  HJR  9.    Representatives  Roses,                                                               
Coghill,   Johansen,  Johnson,   and  Lynn   voted  against   it.                                                               
Therefore, the motion to table HJR 9 failed by a vote of 2-5.                                                                   
                                                                                                                                
9:56:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL renewed his motion  to report HJR 9 out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
REPRESENTATIVES GRUENBERG AND DOLL objected.                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives Roses,  Coghill,                                                               
Johansen, Johnson,  and Lynn voted in  favor of moving HJR  9 out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying fiscal  notes.   Representatives Gruenberg  and Doll                                                               
voted  against it.   Therefore,  HJR 9  was reported  out of  the                                                               
House State Affairs Standing Committee by a vote of 5-2.                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State  Affairs  Standing  Committee   meeting  was  adjourned  at                                                               
9:57:24 AM.                                                                                                                   

Document Name Date/Time Subjects