Same-Sex Marriage Ban Violates 'Fundamental Right,' Alaska Attorneys Say

Photo Credit: Huffington PostAttorneys for the gay couples challenging Alaska’s ban on same-sex marriage say the right to marry is fundamental and due to all individuals.

They take issue with the state saying the U.S. Supreme Court has never held that there is a fundamental constitutional right to same-sex marriage. The plaintiffs’ attorneys, in a court filing Friday, said the high court has upheld a broad definition of marriage.

They said it is unnecessary to parse out certain classes of individuals for whom marriage should apply.

In this case, “the issue is not whether there is a constitutional ‘right to same-sex marriage,’ but whether excluding people from a fundamental right that belongs to all individuals violates due process,” attorneys Allison Mendel, Heather Gardner and Caitlin Shortell say in the filing.

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