Date: Sat, 18 Feb 1995 09:59:10 -0900
From: MARK A TUMEO <FFMAT@aurora.alaska.edu>

To: The Network
Subject: Recent Denial of UA's Motion for Reconsideration

Last week, I posted the Alaska Superior Court Judge's decision to 
deny the University of Alaska's (UA) motion to reconsider in the 
Tumeo and Wattum v. UA case. Since then, a couple of people have 
e-mailed me asking for an explanation of the posting. This is to 
provide a brief recap and explain the ruling. Sorry for the 
confusion.

In 1993 I and Kate Wattum applied to the University for benefits 
for our same-sex domestic partners. We were denied. We went to 
Superior Court because Alaska has a law against discrimination 
based on marital status, and the University clearly stated their 
decision was based on the fact we were not married. We argued 
that our financial interdependency was the same as marriage and 
to deny benefits merely because we didn't have a marriage licence 
was illegal. The Superior court agreed. The university then 
asked for the Superior Court to reconsider. The judge not only 
denied it, but basically told the university they were out of 
line to ask. This is the decision I posted a couple of days ago.

While the decision is an Administrative one and applies directly 
only to our case, the precedent  could be applied to all public  
employees within the State of Alaska, opening up the possibility 
of domestic partnership  benefits for all  state, municipal and  
university employees throughout Alaska.

The University appealed  the decision  to the  Supreme Court on  
Wednesday, February 15. This means  the fight will continue for  
abour another year. We've  established a legal  defense fund to  
help defray the over $9000 in legal fees already incurred. Costs 
to continue the fight in the Supreme Court will probably exceed  
$20,000. Anyone  wishing to  donate to  the fund  can do  so by  
mailing a check to "The Tumeo/Wattum Defense Fund - Acct #42190; 
c/o Northern  Schools Federal  Credit  Union; 1417  Gillam Way;  
Fairbanks, Alaska 99701. Any contributors who wish to receive a  
full disclosure of the donations to, and expenditures from, the  
fund should enclose a self addressed, stamped envelope with the  
donation.

Hope this  helps  explain  the  posting.  If  anyone  has other  
questions or wants more  info, just drop  me a message directly  
(FFMAT@AURORA.ALASKA.EDU).