ALASKA: Independent Bll Walker Defeats Incumbent GOP Gov. Sean Parnell

Alaska's gubernatorial race has finally been called.

Bill Walker [above right], an attorney and former mayor of Valdez, is the first candidate unaffiliated with a party to be elected governor since statehood. Walker's mentor, Wally Hickel, served a term as governor with the Alaskan Independence Party, a recognized third-party in the state, before going back to the GOP. Walker, who finished second to Parnell in the 2010 GOP gubernatorial primary, bypassed this year's primary by gathering signatures to support an outside run. But Walker didn't change his party affiliation from Republican to undeclared until forming a "unity ticket" on the November ballot with Democrat Byron Mallott as the candidate for lieutenant governor. Mallott won the Democratic nomination for governor in August, but a Walker-Mallott ticket was seen as more competitive to Parnell, who ran with Anchorage Mayor Dan Sullivan, a fellow Republican. Walker and Mallott joined forces in early September at the urging of labor interests and others.

Walker was endorsed by Sarah Palin even though Parnell was her lieutenant governor.

ALASKA: Palin Endorses Independent Opponent Of GOP Gov. Sean Parnell

Parnell (above left) was lieutenant governor under Palin. From the National Journal:

Palin rebuked her Republican successor in her home state, endorsing independent gubernatorial candidate Bill Walker, who is running on a "unity ticket" with Democratic running mate Byron Mallott, instead. Palin's endorsement goes against her former lieutenant governor, Gov. Sean Parnell, who assumed office in 2009 when Palin abruptly resigned and is embroiled in a highly contested race for reelection to a second full term. Palin offered the endorsement at a campaign reception in her Wasilla home, according to a press release issued by Walker. Parnell's 2013 restructuring of the state's oil and gas taxes dismantled a prior, Palin-championed program that she considered to be one of the greatest achievements of her tenure. That difference of opinion is at the heart of Palin's conflict with Parnell, which resulted in the two campaigning on opposite sides of a ballot measure in this year's primary.

Like Parnell, Walker opposes same-sex marriage.

Independent candidate Bill Walker says he treats people with kindness, dignity and respect but says his "Christian beliefs" are that marriage is between a man and a woman. He said that's keeping with Alaska's constitution, which a governor is sworn to uphold. If the constitution changes, he would uphold the amended constitution.

The Parnell/Walker race is presently considered a toss-up.

UPDATE: JMG reader Christopher points us to this.

Walker, an attorney, responded later Sunday with criticism of the state's decision to appeal the ruling. A recent ruling from the Ninth U.S. Circuit Court of Appeals -- which includes Alaska in its jurisdiction -- said bans on same-sex marriage violate the due process and equal protection clauses of the 14th Amendment to the U.S. Constitution. Such higher court rulings make the probability of a successful appeal when similar bans have already been overturned in other states unlikely. Walker said he personally viewed marriage as existing between a man and a woman, but added that if he were governor, he would "uphold the laws of the land." "Despite my personal views on marriage, with the state's dire financial crisis, pursuing expensive litigation that has little chance of victory is an unwise use of our dwindling resources."

ALASKA: Gov. Sean Parnell Files En Banc Marriage Ruling Request With Ninth Circuit

Last night Alaska Gov. Sean Parnell filed an en banc marriage ruling request with the Ninth Circuit Court. Two days ago Idaho Gov. Butch Otter did the same. From Parnell's filing:

Compelled by Latta v. Otter, (9th Cir. Oct. 7, 2014), the district court ruled that the Fourteenth Amendment requires Alaska to license and recognize same-sex marriages, contrary to its Constitution and laws. But Latta’s imposition of heightened scrutiny on state marriage laws places this circuit “on the short end of a 10-2 split,” and contradicts the Supreme Court’s Windsor decision. SmithKline Beecham Corp. v. Abbott Labs.,  (9th Cir. 2014) (O’Scannlain, J., dissenting). Absent en banc hearing, Alaska’s appeal will be controlled by Latta, which effectively guarantees the invalidity of all man-woman marriage laws in this circuit. Resolution of an issue of that magnitude deserves the Court’s plenary consideration. Otherwise, Alaska’s citizens will be stripped of any ability to vindicate their “historic and essential authority to define the marital relation,” United States v. Windsor, (2013).

And on and on it goes.

ALASKA: Gov. Sean Parnell Files Gay Marriage Stay Request With SCOTUS

From the filing:

Should the Ninth Circuit decline to grant en banc hearing to reconsider Latta, then Alaska would have strong grounds to seek certiorari before judgment from this Court. 28 U.S.C. § 1254(1). By the time that petitioners’ en banc petition will have been decided by the Ninth Circuit, there is a reasonable likelihood that there will be a clear post-Windsor circuit split over whether the Fourteenth Amendment requires States to license and recognize same-sex marriages. There was no such post-Windsor split when this Court recently denied review in five cases presenting that question, but such a split is likely to develop in the coming months. On August 6, 2014, the Sixth Circuit heard argument on that question in cases from Michigan, Ohio, Tennessee, and Kentucky, and could soon issue a decision creating a split with the Tenth, Fourth, Seventh, and Ninth Circuits. Additionally the Fifth Circuit will soon hear argument in cases from Louisiana and Texas addressing the same issue and could easily issue a decision by year’s end.

Read the full filing at Equality Case Files.

ALASKA: Ninth Circuit Court Issues Temporary Stay On Same-Sex Marriages Pending State's Appeal To SCOTUS

Marriages were to begin tomorrow morning. Ruling.

ALASKA: Federal Court Denies State's Demand For Marriage Stay Pending AppealUPDATE: State Asks Ninth Circuit For Emergency Stay Pending Appeal

Yesterday Alaska Gov. Sean Parnell asked a federal district court to stop same-sex marriages while he appeals to the Ninth Circuit Court. Tonight the lower court told Parnell to suck it. The final briefs in the appeal are due before the Ninth on February 20th. We can probably expect Parnell to now ask the Ninth for a stay. Same-sex marriage became legal yesterday in Alaska and at least two couples have married after clerks waived the three-day waiting period. Many more marriages should take place on Thursday.

UPDATE: Well, what you know. Parnell has ALREADY run to the Ninth Circuit and demanded a stay pending his demand for an en banc rehearing.

MOTION FOR STAY: State Defendants seek a stay of the District Court's decision and injunction order finding certain Alaska laws regarding marriage to be unconstitutional under the Fourteenth Amendment. Because of the exceptional importance of this matter, the State Defendants filed an immediate appeal and intend to petition for initial en banc hearing. A stay should be issued because: (a) there is a reasonable likelihood this Circuit will rehear Latta v. Otter en banc, the decision of which the district Court relied upon heavily in its application of heightened scrutiny to Alaska’s marriage laws; (b) there is a reasonable likelihood that a circuit split will develop in the very near future, leading to review by the Supreme Court of the important issue of whether state traditional marriage laws violate the Constitution. For these reasons, the law on which the district court grounded its opinion could continue to be in rapid flux over the next several months, and thus the Court should stay its decision to avoid chaos in the administration of Alaska's marriage laws pending ultimate resolution of this fundamental issue.

Read the Ninth Circuit stay demand at the above link via Equality Case Files.

ALASKA: State Has Until January 21st To File Appeal Briefs With Ninth Circuit

The Ninth Circuit Court of Appeals today set the briefing schedule in Alaska's doomed to attempt to stop same-sex marriages, which will continue despite the efforts of the GOP governor and attorney general. The state's final briefs are due on January 21st and the good guys then have 30 days to file their final response.

ALASKA: State Files Marriage Appeal

Alaska Governor: I'm Appealing

"As Alaska’s governor, I have a duty to defend and uphold the law and the Alaska Constitution. Although the district court today may have been bound by the recent Ninth Circuit panel opinion, the status of that opinion and the law in general in this area is in flux. I will defend our constitution." - Alaska Gov. Sean Parnell.