Yes, gay marriage is legal in Alaska. Same-sex couples have been able to marry in the state since October 2014, when a federal court struck down Alaska’s ban, and the U.S. Supreme Court confirmed the right nationwide the following year in Obergefell v. Hodges. Every couple applying for an Alaska marriage license today uses the same form, pays the same $60 fee, and receives the same legal protections regardless of the spouses’ genders.
How Same-Sex Marriage Became Legal in Alaska
Alaska was one of the first states to write a marriage restriction into its constitution. In 1998, voters approved language in Article I, Section 25 stating that marriage “may exist only between one man and one woman.”1Justia Law. Alaska Constitution Article 1 – Declaration of Rights That provision was enforced for sixteen years.
In October 2014, the U.S. District Court for the District of Alaska decided Hamby v. Parnell. The court ruled that Alaska’s ban violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment, and it ordered the state to stop enforcing any laws preventing same-sex couples from marrying or denying recognition to lawful same-sex marriages from other states.2Legal Information Institute. Hamby v Parnell, 56 F Supp 3d 1056 (D Alaska 2014) Alaska began issuing licenses to same-sex couples immediately.
In June 2015, the U.S. Supreme Court’s decision in Obergefell v. Hodges cemented this result nationwide, holding that every state must both license and recognize marriages between two people of the same sex.3Justia. Obergefell v Hodges
The 1998 Amendment Is Still on the Books
The “one man and one woman” language from 1998 technically remains in Alaska’s constitution. Legislators have introduced resolutions to formally repeal it, but none have passed. The provision has no legal effect because federal constitutional law overrides it, but its continued presence can surprise people who read the state constitution without knowing the backstory. For all practical purposes, it is a dead letter.
Who Can Marry in Alaska
Alaska’s eligibility rules apply equally to same-sex and opposite-sex couples. Both parties must be at least 18. A person who is 16 or 17 may marry only with permission from a superior court judge, who must find that the marriage is in the best interest of the minor and that the other party is no more than three years older. Parental consent alone is not enough; a court hearing is required.4Justia Law. Alaska Code 25.05.171 – Judicial Permission to Marry
If either person has a prior marriage, it must be fully dissolved through divorce, dissolution, or annulment before you apply. Filing is not enough; the decree must be final. Alaska also prohibits marriages between people more closely related than first cousins (within the “fourth degree of consanguinity”).5Justia Law. Alaska Code 25.05.021 – Prohibited Marriages
One boundary worth knowing: Alaska does not recognize common law marriage. Living together, for any length of time, does not create a legal marriage. You need a license and a ceremony.
Getting a Marriage License
The application is form VS 351(a), available from the Alaska Department of Health’s Vital Records offices, the department’s website, or any Alaska court location.6Department of Health. Marriage License Both parties fill out the same form and provide:
- Full legal name matching your government-issued photo ID
- Date and place of birth
- Social Security number, required by federal law for child support enforcement purposes7Alaska Department of Health. Marriage License Application
- Information about any prior marriages, including how and when each ended
- Confirmation that no blood relationship or other legal barrier exists
Both applicants need a valid government-issued photo ID. A driver’s license, passport, state ID, military ID, or tribal card all work.7Alaska Department of Health. Marriage License Application If you were divorced within the past 60 days, bring a copy of the decree.8Alaska Department of Health. Marriage License Application
You can submit the application in person at a Vital Records office in Juneau or Anchorage, in person at an Alaska court location elsewhere in the state, or by mail. The fee is $60 when filed in person and $70 when the license is mailed out.6Department of Health. Marriage License Payment is by check or money order.
Alaska requires a three-day waiting period between filing and issuance.9Justia Law. Alaska Code 25.05.091 – Application for License; Disclosure for Child Support Purposes The licensing officer has discretion to waive it when the wait would cause undue hardship or delay.10Justia Law. Alaska Code 25.05.161 – Waiver of Waiting Period If you file by mail, expect longer; the Department of Health notes regular mail can take up to four weeks, though paying an extra $10 for priority shipping speeds things up.6Department of Health. Marriage License
The Ceremony
Once issued, the license is good for three months. If that window passes without a wedding, the license expires and you must reapply and pay again. The ceremony has to take place in Alaska or Alaska state waters; an Alaska license will not cover a destination wedding elsewhere.6Department of Health. Marriage License
Alaska law requires at least one witness who is 18 or older and of sound mind. The witness must communicate with both parties, before or after the ceremony but before signing the certificate, to confirm that each person is entering the marriage intentionally and of their own free will.11Justia Law. Alaska Code 25.05.301 – Form of Solemnization The requirement was recently reduced from two witnesses to one under HB 62.
The ceremony must be performed by someone legally authorized to solemnize marriages in Alaska. That includes a minister, priest, rabbi, Salvation Army commissioned officer, or principal officer or elder of a recognized religious congregation; a marriage commissioner or judicial officer; any individual holding an elective public office in Alaska; or a religious organization or congregation performing the ceremony according to its established practices.12Justia Law. Alaska Code 25.05.261 – Who May Solemnize A friend or family member can also be appointed as a one-time marriage commissioner by the presiding judge of the judicial district where the wedding will occur; the appointment costs $25 and covers one specific ceremony.13Alaska Court System. Information About Marriage License, Ceremony, and Certificate
No authorized officiant is required to perform any particular ceremony. The law explicitly protects their right to decline.12Justia Law. Alaska Code 25.05.261 – Who May Solemnize
Federal Rights That Come With the Marriage
A legal Alaska marriage carries the full set of federal spousal rights, applied identically to same-sex and opposite-sex couples.
Social Security
The Social Security Administration recognizes all same-sex marriages for spousal benefits, survivor benefits, and Medicare eligibility. If your spouse dies, you can claim survivor benefits on their earnings record on the standard terms. For same-sex partners whose relationships predated Obergefell and who were legally barred from marrying, the SSA will consider whether you would have been married if state law had not prevented it, and it will reopen previously denied claims from same-sex surviving partners on request.14Social Security Administration. What Same Sex Couples Need to Know
Family and Medical Leave
The Family and Medical Leave Act entitles eligible employees to up to 12 weeks of unpaid, job-protected leave to care for a spouse with a serious health condition.15U.S. Department of Labor. Family and Medical Leave Act Federal regulations define “spouse” to include a person with whom you entered into a same-sex marriage that was valid in the state or country where it was performed.16Federal Register. Definition of Spouse Under the Family and Medical Leave Act Military caregiver leave extends that protection to 26 weeks for a spouse who is an injured servicemember.
Immigration
A U.S. citizen or lawful permanent resident can sponsor a same-sex spouse for a family-based immigrant visa on the same terms as any other married couple. USCIS recognizes the marriage as long as it was valid where it took place. If the marriage is less than two years old when the sponsored spouse receives permanent residency, that person gets a conditional green card valid for two years.17Office of the Law Revision Counsel. 8 USC 1186a – Conditional Permanent Resident Status for Certain Alien Spouses and Sons and Daughters To convert to a standard ten-year green card, the couple files Form I-751 jointly during the 90-day window before the conditional card expires.