Filed Date: Nov. 23, 2009
Closed Date: Nov. 29, 2010
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This state court case challenged a ballot initiative seeking to recognize the legal personhood of “all human beings including unborn children” (the “Initiative”). In August 2009, three sponsors filed an application with the Lieutenant Governor of Alaska to certify the Initiative. On October 23, 2009, the Lieutenant Governor certified the Initiative, allowing its circulation for gathering signatures.
On November 3, 2009, three Alaska citizens filed their complaint for declaratory and injunctive relief in the Superior Court for the State of Alaska, in the Third Judicial District at Anchorage. Plaintiffs, consisting of a professor, registered nurse, and attorney were represented by the ACLU, the ACLU of Alaska, Planned Parenthood, Planned Parenthood of the Great Northwest, and the Center for Reproductive Rights. Plaintiffs asked the court to find that the Lieutenant Governor improperly certified the Initiative.
In their complaint, Plaintiffs alleged four separate claims. First, the Lieutenant Governor violated Article XI, section 1 of the Alaska Constitution in certifying the Initiative because it lacked the necessary attributes of a law. The initiative process as laid out in the state constitution could not be used to pass a non-binding resolution or “merely advisory” statement of policy. Second, the Initiative failed to comply with the single-subject requirement in Article II, section 13 of the Alaska Constitution. Plaintiffs alleged the Initiative, seeking to recognize legal personhood of “all human beings, from the beginning of their biological development,” could have far-reaching consequences in various areas of law, including criminal, tax, property, and government benefits. Third, the vaguely-worded Initiative, susceptible to multiple interpretations, failed to give voters adequate notice of what it proposed to enact. Fourth, the summary of the Initiative was biased, incomplete, and inaccurate because (1) the Attorney General contradicted the sponsors’ purposes when he stated the Initiative would not amend or repeal existing state law regulating abortion; (2) it failed to inform voters of downstream bans on otherwise legal healthcare services, and (3) it failed to advise voters that conferring legal personhood could alter potentially any Alaska statute or regulation pertaining to a “person.”
Both parties moved for summary judgment. Oral argument was held on June 16, 2010. However, by the one-year filing deadline of November 5, 2010, the initiative sponsors failed to file collected signatures required for this proposal's inclusion on the ballot, thereby mooting this lawsuit. Plaintiffs did not oppose defendants’ motion to dismiss. This case is now closed.
Summary Authors
Emily Liu (11/29/2022)
Last updated Aug. 30, 2023, 1:32 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Alaska
Case Type(s):
Key Dates
Filing Date: Nov. 23, 2009
Closing Date: Nov. 29, 2010
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Three Alaska citizens: a professor, nurse, and lawyer
Plaintiff Type(s):
Attorney Organizations:
Center for Reproductive Rights
Planned Parenthood Federation of America
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Lieutenant Governor of Alaska, State
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Issues
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)