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Home » Anchorage, News

Motion filed in Schmidt v. Alaska

Submitted by on Thursday, 12 May 2011 – 6:24 AMNo Comment

A lawsuit by three same-sex couples against Alaska’s biased property tax rules progressed to the next step on Wednesday.

The national ACLU and the ACLU of Alaska filed a motion for summary judgment in Schmidt v. Alaska, a lawsuit challenging the state’s tax-assessment rules. The tax rules discriminate against same-sex couples by denying them equal access to a property tax exemption for senior citizens and disabled veterans.

Those who qualify and who live with same-sex partners are only permitted, at most, half of the exemption available to opposite-sex married couples because they are treated as roommates rather than as families.

Each of the three couples are denied full access to a $150,000 property tax exemption available to opposite-sex married couples. The couples are asking that the Alaska Superior Court declare this discriminatory law to be unconstitutional.

“Denying gay seniors and disabled veterans the tax protection for their family homes afforded to heterosexuals serves no purpose other than to treat same-sex couples like second-class citizens,” said Tom Stenson, Legal Director of the ACLU of Alaska. “People should not have to pay a higher tax simply for being lesbian or gay.”

The three couples challenging the unfair gay tax are described HERE, in Bent’s first post on the Schmidt v. Alaska lawsuit that was filed last year.

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