Font ResizeJust mention the word abortion and it brings out an emotional response in just about all of us. Earlier this year the South Dakota legislature passed a law banning the procedure in most cases, which goes directly against the federal law. Could the South Dakota decision be a preview of what is coming to Alaska?
The Alaska Supreme Court went as far in the direction of protecting privacy rights as any state. In Ravin versus State (1975), drawing on cases such as Stanley and Griswold, but also basing its decision on the more generous protection of the Alaska Constitution's privacy protections, the Alaska Supreme Court found constitutional protection for the right of a citizen to possess and use small quantities of marijuana in his own home.
The law was passed to intentionally defy the 1973, U.S. Supreme Court decision in Roe versus Wade that legalized abortion in all 50 states, according to its sponsors. In Alaska, there have been only a few abortion-related skirmishes in recent legislative sessions. But there is a major difference in position among candidates for governor, which would become significant if the nation's high court were to send the issue back to the states.
"She almost died. She gave me these things to remember that by. This is so wrong," said Rita Christopher who is pro-abortion rights.
"I can understand why some say we should have a choice. But I look at it from God's point of view. And it says thou shall not kill." said Barbara Hackens who is anti-abortion rights.
When South Dakota's governor signed a law making most of that state's abortions illegal, both sides of the issue reacted, sometimes in emotional, gut-wrenching ways.
"It's a private and sensitive issue. Abortion," said Republican gubernatorial candidate, Sarah Palin.
No one politician has taken more heat for their abortion views during this campaign than Republican gubernatorial candidate Palin.
"My position on being pro-life has a lot to do with believing in the strength and power of women. I want women out there to understand if they find themselves in an unplanned and unfortunate situation. There are options out there. Adoption. State government can make adoption easier and more sensible. The process there for women who chose to give their baby life, and give that baby up for adoption," said Palin.
But there are many Alaska women who share this South Dakota woman's view.
"For the legislature to be telling women what they should be doing for their rights. This is my body. It's my choice," said Christopher.
"For those women out there who are on the other side of this issue, I do respect their opinion. There has never been a time when I have discussed the abortion issue with another woman where we have not walked away in agreement with this: we would like to see fewer and fewer abortions in Alaska," said Palin.
But critics are quick to point to Palin's statement on the record saying she would sign a law banning abortions. So could what happened in South Dakota, one day, play out on our streets?
"The law of the land is the law of the land. When we talk about abortion, we can't sign anything that takes away authority from the United States Supreme Court, that has made the ruling on abortion," said Palin.
"My suspicion is they don't have a similarly strong constitutional right to privacy position we have, that our Supreme Court would rule differently. But that, never the less, doesn't mean that we couldn't act and support legislation that comes through that's pro life," said Republican lieutenant gubernatorial candidate, Sean Parnell.
"I think it's almost irresponsible of some in the media to press, press, press for those hypothetical. Because as Sean pointed out here in Alaska our law is set up and our constitution different," said Palin.
"It's not a hypothetical situation, it's a regular occurrence," said Democratic lieutenant gubernatorial candidate, Ethan Berkowitz.
That's from Berkowitz's perspective--saying he saw many anti-abortion bills introduced during the decade he spent as a Juneau lawmaker. It's an opinion also shared by Independent gubernatorial candidate Andrew Halcro.
"And so in my four years in the legislature, I was never surprised at the length some of the extremist in the legislature would go to push anti-choice legislation. And Sarah has already said on the record, if they passed something, she would sign it," said Halcro.
"I haven't heard a discussion from the legislators who would push for such a thing as in South Dakota. It hasn't been real bright on anyone's radar screen, in terms of a lot of public discussion about it. So I can't foresee what the legislature would do with that," said Palin.
For their part, the Independent and Democratic candidates say they are firmly pro-choice.
"My beliefs in terms of government and a woman's right to choose is that government has no place between a woman and her doctor. And I think Alaskans very much want to protect our freedoms and our right to privacy," said Democratic gubernatorial candidate, Tony Knowles.
"This state has a very strict right to privacy clause that was adopted in 1972, by the voters. Alaskans have always been independent. Private minded. I think that's one of the decisions the Supreme Court of Alaska has upheld for 30 years as being one of the most critical rights to privacy: a woman's right to choose. And I think we need to vigorously defend that," said Halcro.
"That is a privacy issue. That the government does not belong in our bedroom or our doctor's offices," said Independent lieutenant gubernatorial candidate, Fay Von Gemmingen.
That debate now lingers along with the question the South Dakota decision has raised. Will federal Supreme Court justices ultimately give our state lawmakers the power to determine whether or not Alaskan woman will, or will not, have a choice?
"It is possible that Sarah would see the issue come before her. But it's almost equally as possible she should not," said Parnell.
"I don't foresee that. You know I can't predict the future, but I don't foresee that," said Palin.
11 Days: Gay Rights
On Friday, Governor Murkowski called another special session so lawmakers can decide how the state should implement court-ordered benefits for same-sex domestic partners of state employees and retirees. So how would the candidates, who want to run the state for the next four years, handle a situation where those benefits must be in place by January first?
While lawmakers will now head back to Juneau to hammer out exactly how to comply with the Supreme Court's decision, the implications of its ruling have caused strong feelings among all the candidates. Some suggest that those feelings could one day change Alaska's law.
Eight years after most of Alaska s voters said yes to defining marriage only between a man and woman, Alaska's Supreme Court justices unanimously ruled public employers must offer health benefits to their employees same-sex partners.
"I absolutely agree with," said Independent gubernatorial candidate, Andrew Halcro.
"I think the Supreme Court was right on it and I'll be the first to make sure we provide those benefits," said Democratic gubernatorial candidate, Tony Knowles.
"...no, I haven't hesitated in saying that I disagree with that ruling," said Republican gubernatorial candidate, Sarah Palin.
While the Republican ticket stands firmly against the Supreme Court's decision, on this issue the Democratic and Independent tickets take very similar stances.
"You can not discriminate in denying couples health benefits based on same-sex couples is discrimination. And it was a unanimous Supreme Court decision. I think they're right, " said Halcro.
"I believe in supporting our constitution, and our Supreme Court in its interpretation that has said that's the fair way to do that. And I say absolutely support that. We should be looking at programs that expand health care to Alaskans not restrict it on some decisive line," said Knowles.
But Palin/Parnell are in line with critics who claim the justices decision goes against the 1998, Marriage Definition Initiative.
"And the people of Alaska voted overwhelmingly just a matter of a few years ago, saying: We want to define marriage as traditional, between one man and one woman. I think inherent in that vote was the understanding that, and it would go along side that traditional marriage," said Palin.
"The legislature has the opportunity to pass a constitutional amendment to a vote of the people to change what the Supreme Court has said. The legislature has that opportunity. It doesn't come through the governor's office for an up or down veto. If it gets passed for a request vote of legislators, it will go to a vote of the people. So that's another avenue," said Republican lieutenant gubernatorial candidate, Sean Parnell.
We asked Palin/Parnel if by "another avenue" the team means they will use their office's power to influence lawmakers to push for that constitutional amendment.
"I think if the voters of Alaska want to vote on this, and I have a feeling where the majority of Alaskans will go on this, it will be the will of the people and we will implement the will of the people. Yes, " said Palin.
But despite their strong opposition to the same-sex benefits ruling, Palin/Parnell insist if they are elected, they will be a government team for all Alaskans.
"And I'm not going to judge anyone. And I'm not going to wear on my sleeve what my personal opinions are or cram anything down someone's throat. I have respect for all Alaskans. And hopefully, that will allow anyone out there in Alaska able to trust their governor. Any kind of respect for everyone will be high enough where I won't be discriminating," said Palin.
To contact Matthew, call 907-273-3186.
