State of Alaska defends gay marriage ban


JUNEAU, Alaska (AP) — The state of Alaska says citizens, not the courts, should decide whether the definition of marriage includes same-sex couples.

The state is defending its ban on gay marriage in a filing in federal court. Five same-sex couples sued earlier this year to overturn the ban, which was approved by voters in 1998.

In a filing today, attorneys for the state say that citizens have a fundamental right to decide whether to make changes to important institutions through the democratic process.

The attorneys say there is no fundamental right to same-sex marriage under the U.S. Constitution.

The state says recent court decisions in support of gay marriage don’t point to a foregone conclusion in this case but to intervention by some courts into a law-making process that should be reserved for the people.