No Policy of Denying PFDs Based on Marital Status
November 29, 2019
After learning about the erroneous denial of one individual’s PFD, the Division remedied the matter in early November. That individual nevertheless subsequently filed a lawsuit in federal court. Any further questions about the lawsuit should be directed to the Department of Law.
According to a news release, the Alaska Department of Revenue continues to assess PFD Division records to determine whether any other improper denial letters were inadvertently sent out and not yet corrected so that it can remedy any mistakes as quickly as possible. The Alaksa Department of Revenue asks individuals to come forward if they feel they were denied based on their marital status or if anyone has knowledge of other inadvertent denials.
The lawsuit was first reported by Anchorage television station KTVA and seeks payment of the PFD check that was not paid to a woman in a same sex marriage. The lawsuit also asked for a list of individuals since 2014 denied checks based on laws or a provision in the state constitution barring same-sex marriage, and payments of dividends to any such individuals. The lawsuit was filed last week.
In late 2014, A federal judge ruled Alaska’s ban on same-sex marriage unconstitutiona in 2014l. In 2015, the U.S. Supreme Court gave same-sex couples nationally the right to marry. Supreme Court gave same-sex couples nationally the right to marry.
According to the Alaska Department of Revenue, the PFD division recognizes same-sex spouses.
Governor Michael J. Dunleavy, Attorney General Kevin Clarkson and the other defendants were unaware of any denial of a permanent fund dividend based on the same-sex marital status of an applicant, until they read the stories in the press.
As for the lawsuit, the Alaska Department of Law will file a motion to dismiss, since the remedy requested, a 2019 PFD, was fulfilled before the lawsuit was even filed according to an earlier joint news release from the Office of the Governor and the Dept. of Law.
Edited by Mary Kauffman, SitNews
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