Deborah Harris, Appellant v. Millennium Hotel and New Hampshire Insurance Co., Appellees

Summary

The court held that Alaska's Marriage Amendment does not prevent a same-sex surviving partner from asserting an equal protection challenge to the workers' compensation death-benefit statute. Although marriage may serve as an eligibility proxy for couples who can legally marry, applying that proxy to same-sex couples who are barred from marrying denies benefits without a fair and substantial relationship to the statute's purposes. The court vacated the Commission's decision and remanded for consideration of Harris's evidence and further proceedings.