ACLU Benefits Lawsuit Update
November 9, 2006
(Anchorage) - On Monday, November 7th the Department of Law filed its Petition for Review with the Alaska Supreme Court. The petition presents two issues for review before the Alaska Supreme Court. First, the Department of Law requests that the Supreme Court review the Superior Court's decision dated October 30th and November 2nd ordering revisions to the regulations previously adopted by the Commissioner of the Department of Administration. It is the Department of Law's position that the superior court's request for a rewrite of the regulations encroaches upon the authority of the executive branch in adopting regulations. Second, the Department of Law asserts in the alternative that the court erred in finding the adopted regulations to be unconstitutional.
On Tuesday, November 8th, in compliance with the order issued by Superior Court on October 30, 2006, revised November 2, 2006, the Department of Law filed three copies of draft regulations pertaining to the implementation of employment-related health
insurance and survivor benefits to state employees who are in same-sex, "committed" relationships. These modified regulations are in draft form and have not been adopted by the Commissioner of the Department of Administration.
# # #