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BRAUSE v. STATE, DEPT. OF H. & S. S.

No. S-9376.

21 P.3d 357 (2001)

Jay BRAUSE and Gene Dugan, Appellants, v. STATE of Alaska, DEPARTMENT OF HEALTH & SOCIAL SERVICES, Bureau of Vital Statistics, and the Alaska Court System, Appellees.

Supreme Court of Alaska.

April 17, 2001.

Attorney(s) appearing for the Case

Robert H. Wagstaff, Anchorage, for Appellants.

John B. Gaguine, Assistant Attorney General, Bruce M. Botelho, Attorney General, Juneau, for Appellees.

Before FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

MATTHEWS, Justice.

The underlying issue in this case is whether Jay Brause and Gene Dugan, a same-sex couple who are precluded from marrying, can be denied benefits which are by law available only to married people. The superior court dismissed this case as to this issue, based on the State's contention that Brause and Dugan's complaint did not challenge the denial of any specific benefit to them and...

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