Same-Sex Relationships
Same-Sex Relationships
I am in a gay/lesbian (LGBT) relationship. Is that against the law?
No. In Alaska, your right to choose who you live with and have a relationship with is protected. But you do not have the same legal protections that married people have, like the right to file tax returns together, and the right to inherit property from each other without a will.
Can I get married to my same-sex partner?
Yes. The United States Supreme Court decided in 2015 that same sex marriages are legal throughout the country. This means both that same sex couples can get married in Alaska and that same sex couples who are married in another state will have their marriage recognized in Alaska. Indeed, there is reason to believe that with this change in the law certain “partner benefits” previously provided by the State of Alaska or local governments to same sex couples will no longer be available unless the couple is married. You should check with the appropriate government agency to determine what its policy is with regard to benefits for unmarried couples, regardless of whether you are in a same sex or opposite sex relationship.
Can I get any benefits of marriage in Alaska?
Alaska does not recognize same-sex marriages, but courts have held that the State of Alaska must treat domestic partners like married people for state benefits. For example, state employees must get the same benefits, such as health insurance, for their partners that married employees get. Other state benefits, like tax exemptions and dependent benefits, may also be guaranteed to domestic partners. This area of the law is also changing quickly. You should check first before you assume that you or your partner cannot get a benefit.
Can I do anything to give my partner rights or power that a spouse would have?
Yes, but you have to take action yourself. You and your partner can give each other a power of attorney to make decisions if one of you is disabled or unavailable.
You may also be able to find forms online for a will, but these general forms may not do exactly what you want. If you need a will, you should talk to a lawyer. It is important not to fill out and sign any legal document you do not understand. Information about your legal rights in general can be found at www.nclrights.org.
Can I be fired if my employer finds out I am gay, lesbian, or transgender?
Unfortunately, your employer might be able to fire you. There is no clear protection in Alaska from employment discrimination against gays, lesbians, and transgenders. However, existing laws may protect you if you are fired because of the way you look (like too feminine or too masculine) or because you do not fit the stereotype of the person they want in the job. And local governments can enact laws prohibiting discrimination on the basis of sexual orientation, even if there is no state law doing so. You can contact the State Human Rights Commission if you think your rights have been violated http://humanrights.alaska.gov/
Can people at my school harass or bully me for being gay, lesbian, or transgender?
The law is supposed to protect you from bullying at school. In addition, many school districts have specific policies that protect gay, lesbian, and transgender students from being harassed or bullied. Unfortunately, bullying and harassing often happen anyway. Tell responsible adults about what is happening, and keep telling people until you find someone who will act to protect you. View helpful information about safety at school.
Can I get legal help if my relationship breaks up?
Yes. The Alaska courts will hear cases about the break-up of relationships even if a couple is not married. These relationships are called “domestic partnerships” and can apply to both same sex and opposite sex relationships. You may need to talk to a lawyer to find out what to do, because there are no court forms for domestic partnerships.
Can I get legal help if I am the victim of domestic violence?
Whatever sex you are, you can get court protection from a partner who hits you or threatens you, or commits other acts of domestic violence. See Section 5 of this Guide for more information on domestic violence.
You can also contact the following organizations at the phone numbers below or online.
- STAR (Standing Together Against Rape) Anchorage Crisis Line: 907-276-7273 Statewide Crisis Line: 1-800-478-8999
- AWAIC (Abused Women’s Aid in Crisis) 24-hour crisis line – 907-272-7244