Case Summaries

Brause v. Bureau of Vital Statistics

Facts: Two men sought to compel the Bureau of Vital Statistics to issue a marriage license to them. When the Bureau refused, they sued.

History: Before trial, a superior court judge held that the right to marry the person of one’s choice is a fundamental right and the state would have to show a compelling reason for its current marriage law or the law could not stand. In response, the Alaska Legislature approved a constitutional amendment defining marriage as the union of a man and a woman which was approved with a 68-32 margin on November 3, 1998.

Current Status: Finally, on September 22, 1999 (almost one year after state constitutional amendment adopted), the trial court dismissed the case.