Date: Tue, 7 May 1996 10:54:19 -0800 From: Mark Tumeo Subject: Press Release on Lawsuit The following was sent to various Press outlets today (Tuesday). If anyone who recieves this can forward it on to appropriate press outlets, please feel free and encouraged to do so. ** Mark Tumeo ** PRESS RELEASE for further information contact: Mark Tumeo 474-6090 (work), 457-6818 (home) Tumeo and Wattum File Motion in Supreme Court Mark Tumeo and Kate Wattum, the university of Alaska employees who have been fighting in court for domestic partner benefits, filed a motion in Supreme Court Monday afternoon asking the court to allow both sides to argue the Constitutionality of the University's benefit plan. This action comes after Governor Knowles signed HB-226 into law, legalizing discrimination in employment benefits on the basis of marital status. "Governor Knowles sided with the Republican legislature, an against almost every Democrat to legalize discrimination. We believe that Governor Knowles and Pete Kelly have ignored the clear mandate of the Constitution of the State. We believe that using marital status as a determining factor in compensation is counter to the Alaska State Constitution's guarantee of Equal Protection (Section 1.1) and the Merit Principle Clause (Section 1.12)" Tumeo said late Monday. "Recent legislative action has been a targeted attack on lesbians and gays. It has been unfortunate to see Governor Knowles actively support such discrimination." according to Kate Wattum, co-litigant in the case. "With the passage of the bill that bans same-sex marriages, gay and lesbian employees are statutorily banned from equal treatment. The only place to find protection is the Constitution." Pete Kelly introduced HB-226 in March of 1995 in response to a Superior Court ruling which said the University's policy of providing benefits to third parties based on marital status violated the Alaska Human Rights statute. Kelly's bill aimed to make that court decision moot by changing the Human Rights Act. However, Tumeo and Wattum originally also argued the Constitutional points. However, in keeping with judicial practice, the Constitutional issue was not addressed by the lower court because the statutory determination was sufficient. With the law now changed Tumeo and Wattum are arguing that the Constitutional issue controls. The Supreme Court should act on the request for a supplemental briefing within a month, according to the employees' attorney, Will Schendel.