Alaska legislators balk on same-sex benefits

JUNEAU, Alaska — The state Legislature decided Monday to flout a court order to provide health insurance for gay partners of state employees.

Now it remains to be seen what effect, if any, the legislation will have.

Gov. Frank Murkowski called lawmakers into special session to grant the commissioner of administration the authority to adopt the new benefits plan.

But instead, the Senate passed a House bill that prohibits the commissioner from taking action on the plan by the court deadline of Jan. 1. The vote was 11-6.

The Senate also voted 12-5 to approve a bill setting up a nonbinding statewide advisory vote in April. It would allow voters to say whether they think lawmakers should place a constitutional amendment on the 2008 ballot to overturn the Alaska Supreme Court's mandate.

Both the Senate and the House had passed earlier resolutions asking the court for more time.

ACLU Alaska executive director Michael MacLeod-Ball said he doubts the measures will make much difference.

"The court has made a ruling that it is unconstitutional to continue to provide benefits just to married partners of state employees and not to same-sex partners of state employees and there's nothing in any of these pieces of legislation that affects that," MacLeod-Ball said.

Republican majority leaders said their purpose in defying the administration and the court is to send a message. They said it should be up to the Legislature to mold a benefits plan or to put a constitutional amendment before voters.

"It's something we the Legislature want to be involved in. And we are preserving that right for the next Legislature," said Sen. Ralph Seekins, R-Fairbanks.

Democrat Hollis French of Anchorage said the Legislature's action in trying to tie the commissioner's hands sets up an unnecessary fight between the Legislature and the courts.

"The court is going to strike the statute down as unconstitutional ... period," he said.

Sen. Tom Wagoner, R-Kenai, said he would like the Legislature to consider other ways of addressing the problem, such as a Texas-style benefits program that allows employees to choose one other person, be it spouse, roommate or same-sex partner, to be covered under their medical plan.

"That takes it out of the political realm," he said.

Officials with the Murkowski administration were not available for comment after adjournment of the seven-day session. Commissioner Scott Nordstrand said he will address how the state will proceed with the court order at a news conference this morning.

The measures are House Bills 4001 and 4002.