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Update | Oct. 12, 2014 – 5:50 p.m.

Gov. Sean Parnell says he will appeal U.S. District Judge Timothy Burgess’ ruling striking down Alaska’s same-sex marriage ban.

The state argued the definition of marriage should be left up to voters.

“As Alaska’s governor, I have a duty to defend and uphold the law and the Alaska Constitution,” Parnell said in a statement on Sunday. “Although the district court today may have been bound by the recent 9th Circuit panel opinion, the status of that opinion and the law in general in this area is in flux. I will defend our constitution.”

Update | Oct. 12, 2014 – 4:43 p.m.

A federal judge has struck down Alaska’s first-in-the-nation ban on gay marriages.

U.S. District Judge Timothy Burgess on Sunday said the ban violates the U.S. constitutional guarantee of due process and equal protection.

The state could appeal to the 9th Circuit Court, where chances of it winning were slim since the federal appeals court already has ruled against Idaho and Nevada, which made similar arguments.

Five gay couples had asked the state of Alaska to overturn a constitutional amendment approved by voters in 1998 that defined marriage as being between one man and one woman.

This is breaking news and will be updated.

Original Post | Oct. 11, 2014 – 9:45 a.m.

Same-sex marriage is not legal in Alaska — yet. The US District Court judge chose not to make a decision today after hearing oral arguments from both the state and a group of couples who are fighting the marriage ban.

The arguments were complicated by the recent 9th District Court decision in the case Latta v. Otter that overturned the same-sex marriage ban in Idaho. Alaska is within the 9th Circuit, so that decision holds here as well.

The Idaho decision says that same-sex marriage bans violate the Equal Protection Clause of the 14th Amendment because straight couples have the right to marry but same-sex couples do not. The plaintiffs argue that same-sex couples don’t have the same rights when buying property, visiting each other in the hospital, or even seeking a divorce.

The state tried to argue that Idaho decision could be overruled by a higher court especially since marriages there were put on hold because of a stay. That stay was overturned by the U.S. Supreme Court as today’s oral arguments were concluding in Alaska.

The judge and the attorneys all referenced and joked about the complex, fast changing legal landscape surround same-sex marriage.

Alison Mendel argued the case on behalf of the couples. She says she’s been working on this issue for 25 years, and she sees this as a done deal.

“It was very enjoyable. You know we came into this pretty confident we were gonna win. When the Latta decision was decided, we knew we were gonna win. So this was just an argument about the details, but it’s still very satisfying anyway.”

The State declined to make comments on the case beyond what they argued in front of the judge, which could not be recorded.

Many of the people who packed the courtroom and spilled into an overflow room gathered in front of the courthouse after the hearing.

Josh Hemsath is with the Pride Foundation in Alaska. He said he’s hopeful.

“As an Alaskan, I think it’s really exciting that we’re not being left behind. we’re not the last state to get heard, with the momentum on our side and being on the right side of history.”

Judge Timothy Burgess said he would issue a decision soon.

Juneau Police Chief Bryce Johnson says the department will review an incident last Wednesday in which the wrong man’s family was told their son had died in a motor vehicle accident.

Johnson says there may have been a communication breakdown between JPD and Alaska State Troopers. He says Juneau officers meant to ask troopers to help verify whether they had the right family – not tell the parents their son was dead.

Johnson says he doesn’t want to give the impression that any other agency was at fault.

“It was the Juneau Police Department’s case,” he says. “It is really our responsibility to make sure that whatever agency we’re talking to understands what it is that we’re asking them to do. And that responsibility lies with us.”

Justin Donald Priest, 33, died in the single vehicle crash on Mendenhall Boulevard on Wednesday evening.

Later, a state trooper told the Priest family in Palmer that their 29-year-old son – who lives in Anchorage and is also named Justin – was the man killed in the accident.

In a widely circulated Facebook post on Thursday, the Palmer Justin Priest’s brother, Cody, recounts what happened after the trooper’s visit. The parents contacted Cody, and all three drove to Justin’s girlfriend’s house in Anchorage to break the bad news.

There, a confused Justin Priest opened the door to his shocked family.

“Couldn’t have been a crazier morning and so glad that Justin is okay,” Cody Priest wrote on Facebook.

Johnson promises JPD will review its protocols and procedures for similar situations.

The chief also says he called the Priest family in Palmer to apologize for causing them so much unnecessary grief.

An unidentified 30-year-old female passenger suffered minor injuries in the crash. EMTs also took a 50-year-old male passenger to Bartlett Regional Hospital with serious injuries.

 

A nonprofit translation and interpretation organization will hold a celebration for National Hispanic Heritage Month tonight.

Piedra de Ayuda, or A Helping Rock, offers language support for Spanish speakers and assists in everything from filing for photo IDs to assisting on court cases. Volunteer director Eddy Reyes has a nonprofit background and says that he came to Juneau and noted the lack of interpretation and translation services.

“The one incident that really stands out in my mind is the incident of someone walking into (the Division of) Motor Vehicles and having to walk out of there without their ID, because someone there could not understand the information they were providing, such as a birth certificate that was in the Spanish language, or simply they just could not communicate with them,” Reyes says.

Piedra de Ayuda will hold its fundraising event Friday at the Juneau Arts & Culture Center. Drop by at 6 p.m. to eat Latino foods and see traditional dances. Admission is free or by donation.

Write-in candidate Tom Milliron lost his bid for Juneau School Board to Brian Holst and Sean O’Brien in Tuesday’s election.

Holst won with more than 3,600 votes and is new to the board. O’Brien returns to the board with more than 2,500 votes. Write-ins – likely from Milliron backers – got 1,860 votes.

Holst described how he felt upon seeing the unofficial results:

“Happy to have the opportunity to serve, really appreciate the support that so many people in the community provided for me. Thrilled at the turnout today and from what I can see of the turnout, looks like it was a good turnout and yeah, just really happy right now.”

Although Holst has community board experience and served on a school board when he lived in Serbia with his family, he is mindful of the demands Juneau will have on him.

“I feel a big responsibility. I feel like I’ve spent time learning more, but I recognize that there’s a lot more to learn, so (I’ll) try to use my free time to continue to educate myself about the needs of our school district and the policies and the particulars.”

School Superintendent Mark Miller is a recent transplant from California and has gotten to know both Holst and O’Brien.

“Sean’s been in the last couple of months, a very strong supporting member of the board and I’m looking forward to continuing to work with him. Brian has almost been almost a pseudo board member,” Miller says. “I think he’s going to be a perfect, excellent fit to move the district forward and make Juneau School District an even better district than it is already.”

You can read more about the municipal election results here.

This weekend’s Falltober Fest drew a big crowd to Rockwell Ballroom. Six bands played folk music to an enthusiastic audience, who danced, drank, and generally enjoyed the warm atmosphere.

The Alaska Folk Festival board and KRNN organized the concerts on Friday Oct. 3 and Saturday Oct. 4 to raise money for the annual folk fest.

If you’re a fan of folk music and food, Falltober Fest is coming up tonight. The Alaska Folk Festival organized the concert featuring bands from Juneau and around the state. Folk fest board member Sergei Morosan helped set it up.

“For one, it’s just gonna have a real warm feel to it lighting wise and there’s gonna be chairs for people who want to sit,” says Morosan. “And then there’ll be a dance floor as well … which will also be close up to the stage so that there’s that connection of the band to the dancers, which I think is real important.”

Falltober Fest will get under way tonight at 7pm in the Rockwell Ballroom. The opening night acts are Tramwreck, The Overby Family Band, and Honky-Tonk Habit. Saturday night’s line-up features Rumblefish, the Great Alaska Bluegrass Band, and Cold Country, and starts at the same time.

KRNN is co-sponsoring the concert.

Tickets are $20 for one night or $30 for both, with discounts for seniors and students. They can be found at AKfolkfest.org, Hearthside Books, and The JACC. All proceeds benefit the Alaska Folk Festival.