LGBTQ rights in Alaska

Alaska Native people have long had traditions of cross-dressing practices. The Aleut people recognize people born as male but who act, dress and behave as female, referred to as ayagigux̂ (literally man transformed into a woman). Tayagigux̂ (literally woman transformed into a man) refers to people assigned female at birth but who act and behave as male. Ayagigux̂ and tayagigux̂ have historically played certain important communal roles. Other people groups recognize similar terms in reference to transgender people and gender variance; male-to-female individuals are aranu'tiq among the Alutiiq, anasik among the Siberian Yupik, gatxan among the Tlingit, kanâ'ts among the Tshimshian, and aranaruaq among the Central Alaskan Yup'ik, whereas female-to-male individuals are uktasik among the Siberian Yupik, and angutnguaq among the Yup'ik. Nowadays, similarly to Canada, the term "two-spirit" is used to refer to people who embody these gender traits.{{Cite web|url=http://www.ncai.org/policy-research-center/initiatives/Pruden-Edmo_TwoSpiritPeople.pdf|title=Two-Spirit People}}

After being purchased by the United States in 1867, the Department of Alaska had no criminal laws whatsoever for the following 17 years. In 1884, the United States Congress enacted a statute giving Alaska all the laws of Oregon. This included a provision criminalizing sodomy, whether heterosexual or homosexual, with a penalty of up to five years' imprisonment. The aforementioned customs of the Alaska Natives caused "alarm" in Congress. These customs, labelled "appalling degradation and vice" by Congress, resulted in an official investigation by a Senate committee, and in 1899 the enactment of a specific sodomy statute for Alaska. "Crime against nature", as it was called, was punishable by up to ten years in jail. In 1973, the Alaska Supreme Court held that oral sex did not violate the sodomy statute.{{Cite web|url=http://www.glapn.org/sodomylaws/sensibilities/alaska.htm|title=The History of Sodomy Laws in the United States - Alaska|website=www.glapn.org}}

In total, there have only been five recorded sodomy cases in Alaska; three of which involved heterosexual conduct and two homosexual conduct. Alaska repealed its sodomy law on January 1, 1980.{{cite web |url=http://www.hrc.org/laws-and-legislation/entry/alaska-sodomy-law |title=Alaska Sodomy Law |publisher=Hrc.org |date=March 12, 2007 |accessdate=November 2, 2013 |archive-date=November 25, 2015 |archive-url=https://web.archive.org/web/20151125141046/http://www.hrc.org/laws-and-legislation/entry/alaska-sodomy-law |url-status=dead }}

File:LGBTQ Pride Homer AK.jpg in Homer, June 24, 2018]]

{{Main|Same-sex marriage in Alaska}}

Same-sex marriage has been legal in Alaska since October 12, 2014, via the district court ruling of Hamby v. Parnell.

In 1996, the Alaska Legislature passed a bill banning same-sex marriage. Governor Tony Knowles declined to veto the bill, but allowed it to go become law without his signature on May 6, 1996.{{cite news|url=http://www.sfgate.com/news/article/Same-sex-marriages-under-fire-in-House-3144760.php |title=Same-sex marriages under fire in House |publisher=Sfgate.com |date=May 8, 1996 |accessdate=June 29, 2014}} In 1998, the Legislature passed a constitutional amendment banning same-sex marriage, which was approved in a referendum on November 3, 1998.{{cite journal |url=http://www.law.duke.edu/shell/cite.pl?16%20Alaska%20L.%20Rev.%20213 |title=The Alaska Marriage Amendment: The People's Choice On The Last Frontier |journal=Alaska Law Review |volume=16 |issue=2 |pages=213–268 |author=Clarkson, Kevin, Coolidge, David, & Duncan, William |year=1999 |publisher=Duke University School of Law |accessdate=May 15, 2011 |archive-url=https://web.archive.org/web/20110614124852/http://www.law.duke.edu/shell/cite.pl?16%20Alaska%20L.%20Rev.%20213 |archive-date=June 14, 2011 |url-status=dead }}

On May 12, 2014, five same-sex couples filed a lawsuit in federal district court in Anchorage challenging the state's constitutional same-sex marriage ban.{{cite web|url=https://abcnews.go.com/US/wireStory/couples-plan-challenge-ak-sex-marriage-ban-23688920 |title=Couples Challenging Alaska Gay-Marriage Ban |publisher=ABC News |date=May 13, 2014 |accessdate=May 13, 2014}} District Court Judge Timothy Burgess scheduled oral argument for October 10.{{cite news|title=Arguments Set in Challenge to Alaska's Gay Marriage Ban|url=http://www.edgenewyork.com/news/national/News//162929/arguments_set_in_challenge_to_alaska|accessdate=July 25, 2014|work=Edge, New York|agency=Associated Press|date=July 24, 2014}}

On Sunday, October 12, 2014, less than a week after the U.S. Supreme Court declined to review similar cases from the Ninth Circuit Court Appeals, Latta v. Otter and Sevcik v. Sandoval, Judge Burgess ruled for the plaintiffs and declared Alaska's statutory and constitutional bans on same-sex marriage unconstitutional.{{cite web|title=Hamby v. Parnell|url=https://www.scribd.com/doc/242750104/3-14-cv-00089-38|publisher=U. S. District Court, District of Alaska|accessdate=October 13, 2014}} Applications for marriage licenses were accepted from same-sex couples on October 13.{{cite news|url=https://abcnews.go.com/Health/wireStory/alaska-issue-marriage-licenses-gay-couples-26155491 |title=Alaska Gay Couples Apply for Marriage Licenses |accessdate=October 15, 2014|date=October 13, 2014|publisher=ABC News|first=Mark |last=Thiessen |agency=Associated Press}} The first couple to marry were Kristine Hilderbrand and Sarah Ellis, who obtained a waiver of the three-day waiting period for obtaining a license and married in Utqiagvik, on October 13.{{cite news|title=Remote Arctic town hosts Alaska's first known same-sex marriage|url=http://www.cbsnews.com/news/remote-arctic-town-hosts-alaskas-first-known-same-sex-marriage/|accessdate=October 15, 2014|agency=Associated Press|publisher=CBS News}}

Alaska permits adoption by married same-sex couples. In addition, lesbian couples have access to assisted reproduction services, such as in vitro fertilization. State law recognizes the non-genetic, non-gestational mother as a legal parent to a child born via donor insemination, but only if the parents are married.{{cite web|url=http://www.lgbtmap.org/equality_maps/profile_state/AK|title=Alaska's equality profile|work=Movement Advancement Project}}

There are no surrogacy laws in Alaska, but courts are generally favorable to the process, whether gestational or traditional. Same-sex couples are treated in the same manner as opposite-sex couples.{{Cite web|url=https://www.americansurrogacy.com/surrogacy/alaska-surrogacy-laws|title=Surrogacy in Alaska – What You Need to Know|website=www.americansurrogacy.com}}

[[File:Alaska boroughs census areas and cities with sexual orientation and gender identity protections.svg|thumb|right|300px|Map of Alaska boroughs, census areas, and cities that have sexual orientation and/or gender identity anti–employment discrimination ordinances {{legend|#800080|Sexual orientation and gender identity with anti–employment discrimination ordinance}}{{legend|#00ffff|Sexual orientation in city employment}}{{legend|#cccccc|No anti-discrimination ordinance¹}}

¹Since 2020 as a result of Bostock, discrimination on account of sexual orientation or gender identity in public and private employment is outlawed throughout the state. Discrimination against state employees based on their sexual orientation has been illegal since 2002.]]

Alaska law does not address discrimination on the basis of sexual orientation or gender identity in employment, housing, or public accommodations. An executive order, issued in 2002, prohibits discrimination based on sexual orientation in state employment. There is no provision for gender identity.Human Rights Campaign: [http://www.hrc.org/laws-and-legislation/entry/alaska-non-discrimination-law Alaska Non-Discrimination Law AO-96 (S-1) ] {{webarchive|url=https://web.archive.org/web/20120311221243/http://www.hrc.org/laws-and-legislation/entry/alaska-non-discrimination-law |date=March 11, 2012 }}, accessed May 15, 2011

In 1975, the Alaska State Human Rights Commission took a formal stance that sexual orientation should be included in the state's non-discrimination law. In 1987, legislation to add sexual orientation was introduced, with support from Governor Steve Cowper and Attorney-General Grace Berg Schaible, but never made it out of committee.{{cite web|url=https://www.alaskapublic.org/2015/08/18/a-lifetime-of-fighting-a-history-of-alaska-lgbt-rights/|title=A short history of Alaska LGBT rights|website=Alaska Public Media|date=August 18, 2015}} Similar legislation has been introduced numerous times over the years, but never brought to a vote.{{cite web|url=https://www.nbcnews.com/feature/nbc-out/last-frontier-civil-rights-alaska-weighs-statewide-lgbtq-bill-n981726|title='Last fontier' of civil rights: Alaska weighs statewide LGBTQ bill|website=NBC News|date=March 11, 2019}} In 2015, Representative Andy Josephson filed a bill banning discrimination based on sexual orientation and gender identity.{{cite news|last1=Bowman|first1=Bonney|title=Alaska ranks low on LGBT discrimination issues|url=http://www.ktva.com/alaska-ranks-low-on-lgbt-discrimination-issues-791/|accessdate=13 March 2015|agency=KTVA Alaska|date=12 March 2015|archive-date=March 20, 2015|archive-url=https://web.archive.org/web/20150320042545/http://www.ktva.com/alaska-ranks-low-on-lgbt-discrimination-issues-791/|url-status=dead}} The bill had two co-sponsors, but died without a vote.{{cite web|title=An Act adding to the powers and duties of the State Commission for Human Rights; and relating to and prohibiting discrimination based on sexual orientation or gender identity or expression|url=http://www.legis.state.ak.us/basis/get_bill.asp?session=29&bill=HB0019|publisher=Alaska State Legislature|accessdate=13 March 2015}}

The municipalities of Anchorage, Juneau, Sitka and Ketchikan ban discrimination based on sexual orientation and gender identity in public and private employment, public accommodations, and housing.[http://www.hrc.org/blog/entry/anchorage-passes-non-discrimination-ordinance-forty-percent-of-alaska-now-p "Anchorage Passes Non-Discrimination Ordinance, Forty Percent of Alaska Now Protected."] {{Webarchive|url=https://web.archive.org/web/20151018010824/http://www.hrc.org/blog/entry/anchorage-passes-non-discrimination-ordinance-forty-percent-of-alaska-now-p |date=October 18, 2015 }}, Human Rights Campaign, 30 Sept. 2015. Web. 11 Oct. 2015.{{cite news|url=http://www.alaskapublic.org/2016/08/23/juneau-assembly-passes-long-awaited-equal-rights-ordinance/|title=Juneau Assembly passes long-awaited equal rights ordinance|date=23 August 2016|publisher=Alaska Republic}}{{Cite web|url=https://assets2.hrc.org/files/assets/resources/MEI-2018-Sitka-Alaska.pdf|title=SITKA, ALASKA 2018 MUNICIPAL EQUALITY INDEX SCORECARD}} This represents about 46% of the state population.

In 2009, the Anchorage Assembly passed for the first time an ordinance to ban unfair discrimination against LGBTQ people in the city, by a vote of 7–4.{{cite web|url=https://www.adn.com/anchorage/article/anchorage-assembly-debates-lgbt-rights-law/2015/09/30/|title=Anchorage Assembly passes LGBT rights law|website=Anchorage Daily News|date=September 29, 2015}} Mayor Dan Sullivan vetoed the ordinance. A second attempt occurred in 2012, but voters rejected the proposal, known as Proposition 5, in April 2012 with 57% opposed.{{cite web|url=https://www.reuters.com/article/us-usa-gays-alaska/anchorage-voters-reject-gay-rights-ballot-measure-idUSBRE83401Q20120405|title=Anchorage voters reject gay rights ballot measure|website=Reuters|date=April 5, 2012}} In September 2015, with support from Mayor Ethan Berkowitz, the Assembly again passed an ordinance to protect LGBTQ people from discrimination, by 9 votes to 2. On April 3, 2018, Anchorage voters rejected Proposition 1 by a margin of 53% to 47%, which if passed would have stripped protections from transgender individuals.{{Cite news|url=https://www.adn.com/anchorage/article/anchorage-assembly-debates-lgbt-rights-law/2015/09/30/|title=Anchorage Assembly passes LGBT rights law|last=Kelly|first=Devin|date=September 29, 2015|work=Anchorage Daily News}}{{cite web|url=https://thehill.com/homenews/state-watch/382064-anchorage-votes-down-removal-of-non-discrimination-ordinance-for|title=Anchorage votes down removal of nondiscrimination ordinance for transgender people|website=The Hill|date=April 6, 2018}}

In July 2020, the Ketchikan City Council unanimously passed an ordinance to prohibit unfair discrimination on account of sexual orientation and gender identity in employment, housing and public accommodations, taking effect in mid-August.{{cite web|url=https://www.krbd.org/2020/07/17/anti-lgbtq-discrimination-to-be-banned-in-ketchikan-following-unanimous-city-council-vote/|title=Anti-LGBTQ discrimination to be banned in Ketchikan following unanimous City Council vote|website=KRBD|date=July 17, 2020}}

Fairbanks prohibits discrimination on account of sexual orientation against city employees. In February 2019, the City Council passed an ordinance banning discrimination in employment, housing and public accommodations on the basis of sexual orientation and gender identity. Mayor Jim Matherly vetoed the ordinance a few days later, despite support from 80% of those who weighed in for several hours of public comments.{{cite web|url=https://www.nbcnews.com/feature/nbc-out/sad-day-democracy-mayor-vetoes-alaska-city-s-newly-passed-n978381|title='Sad day for democracy': Mayor vetoes Alaska city's newly passed LGBTQ protections|website=NBC News|date=March 1, 2019}}{{Dead link|date=May 2023 |bot=InternetArchiveBot |fix-attempted=yes }}

{{main|Bostock v. Clayton County}}

On June 15, 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County, consolidated with Altitude Express, Inc. v. Zarda, and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission that discrimination in the workplace on the basis of sexual orientation or gender identity is discrimination on the basis of sex, and Title VII therefore protects LGBT employees from discrimination.{{cite web|url=https://edition.cnn.com/2020/06/15/politics/supreme-court-expanding-gay-rights/index.html|title=Two conservative justices joined decision expanding LGBTQ rights|website=CNN|date=June 16, 2020|last=Biskupic|first=Joan}}{{cite web|url=https://www.bbc.com/news/world-us-canada-53055632|title=US Supreme Court backs protection for LGBT workers|website=BBC News|date=June 15, 2020}}{{cite web|url=https://www.nytimes.com/2020/06/15/us/gay-transgender-workers-supreme-court.html|title=Civil Rights Law Protects Gay and Transgender Workers, Supreme Court Rules|website=The New York Times|date=June 15, 2020|last=Liptak|first=Adam}}

Alaska state law does not address hate crimes based on gender identity or sexual orientation.Human Rights Campaign: [http://www.hrc.org/laws-and-legislation/entry/alaska-hate-crimes-law Alaska Hate Crimes Law] {{webarchive|url=https://web.archive.org/web/20120501000703/http://www.hrc.org/laws-and-legislation/entry/alaska-hate-crimes-law |date=May 1, 2012 }}, accessed May 15, 2011 However, since the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act was signed into law in October 2009 by President Barack Obama, U.S. federal law has provided penalty enhancements for crimes motivated by the victim's actual or perceived sexual orientation or gender identity. Hate crimes against LGBTQ people can be prosecuted in federal court.

{{further|Transgender rights in the United States}}

Transgender persons in Alaska may request an amended birth certificate with a corrected name and gender marker. To request a change in the gender marker, the applicant must submit to the Department of Vital Records a "Birth Certificate Request Form", a photocopy of their ID or that of their parent or guardian, a letter from a medical or mental health provider attesting to appropriate clinical treatment for gender transition or a certified copy of a court ordered change of sex, and the payment of the fee.[https://transequality.org/documents/state/alaska Alaska], National Center for Transgender Equality Changing the gender marker on a driver's license requires submitting to the Division of Motor Vehicles a letter from a licensed provider attesting clinical treatment or an already updated birth certificate or a court order for gender change.

In September 2023, the Alaska Board of Education by a vote of 7-1 passed a rule to ban transgender individuals within any female sports and athletes throughout the state.{{cite web | url=https://www.lgbtqnation.com/2023/09/alaska-board-of-education-votes-to-ban-trans-girls-from-girls-high-school-teams/ | title=Alaska Board of Education votes to ban trans girls from girls' high school teams | date=September 2023 }}

{{further|List of U.S. jurisdictions banning conversion therapy}}

In August 2020, Anchorage passed an ordinance by a vote of 9–2 to ban the use of conversion therapy on minors; the first city in Alaska to do so.{{cite web|url=https://www.alaskapublic.org/2020/08/27/anchorage-assembly-passes-ban-on-conversion-therapy/|title=Anchorage Assembly passes ban on conversion therapy|work=Alaska Public Media|date=August 27, 2020|last=George|first=Kavitha}}{{cite web|url=https://www.adn.com/alaska-news/anchorage/2020/08/26/anchorage-assembly-bans-conversion-therapy-within-municipality/|title=Anchorage Assembly bans 'conversion therapy' on minors|work=Anchorage Daily News|date=August 27, 2020|last=Wieber|first=Aubrey}}{{cite web|url=https://www.lgbtqnation.com/2020/08/anchorage-just-became-first-alaskan-city-protect-kids-called-conversion-therapy/|title=Anchorage just became the first Alaskan city to protect kids from so-called conversion therapy|work=LGBTQ Nation|date=August 27, 2020|last=Villarreal|first=Daniel}}

A 2017 Public Religion Research Institute (PRRI) poll found that 57% of Alaska residents supported same-sex marriage, while 34% were opposed and 9% were undecided. Additionally, 65% supported an anti-discrimination law covering sexual orientation and gender identity. 27% were against. The PRRI also found that 52% were against allowing public businesses to refuse to serve LGBTQ people due to religious beliefs, while 44% supported allowing such religiously-based refusals.

A 2022 Public Religion Research Institute (PRRI) poll found that 70% of Alaska residents supported same-sex marriage, while 30% were opposed. The same poll found that 78% of Alaska residents supported an anti-discrimination law covering sexual orientation and gender identity. 23% were opposed.{{Cite web|url= https://ava.prri.org/#lgbt/2022/States/lgbtdis/m/US-AK|title=PRRI – American Values Atlas|website=ava.prri.org}}

{{Portal|LGBTQ|Alaska}}

• LGBT rights in the United States

{{Reflist}}

• [https://web.archive.org/web/20140603015156/http://www.anchoragepress.com/featured/legalizing-love-the-struggle-for-gay-rights-in-alaska-continues/article_a067451a-e6bd-11e3-b00e-001a4bcf887a.html LGBT rights in Alaska Timeline, Anchorage Press]

{{LGBTQ rights in the United States}}

Category:LGBTQ rights in Alaska