Opinion: Alaskans need to continue to defend their constitutional rights

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The Alaska Constitution protects our core values. It provides for the right to live free from government interference; the right to speak, assemble and petition our government; the right to privacy; and the right to equal protection under the law. It is also unique in that it makes clear that we have a collective responsibility to one another, stating that we have “reasonable obligations to our people and to our state.”

These values ​​define us as Alaskans, and the Constitution imposes an obligation on our government to uphold them. During the most recent legislative session, many of our elected officials ignored this obligation and, in some cases, actively undermined it. Time and again, we have seen the government attempt to interfere with our protected rights. The actions taken this legislative session are disappointing because too much time and energy was spent on considering unconstitutional bills.

For example, the Governor introduced a bill that would restrict public protests and impose criminal and financial penalties on people who exercise their rights to speak and assemble. This bill clearly violates the First Amendment and, if passed, would have intimidated many Alaskans into silence. Ultimately, the bill did not pass, in large part because so many of us spoke out in protest of the dangers this bill posed to our constitutional rights.

Similarly, the right of Alaskans to petition their government was trampled when a legislative committee abruptly canceled a hearing that was supposed to investigate the record number of deaths of people in state custody. Families, advocates and experts had time, as a right, to speak to their representatives about the crisis. Instead of giving them a chance to speak, the committee majority ignored its own chair, who had convened the hearing, and silenced testimony using obscure and rarely applied procedural excuses.

The right to privacy is one of our most important and cherished rights as Alaskans, yet even this fundamental value has been challenged by a minority of lawmakers. Alaska courts have repeatedly upheld that the right to privacy protects reproductive rights, and an overwhelming majority of Alaskans support reproductive freedom. Nevertheless, the state Legislature considered a “fetal personhood” bill that would significantly infringe on these rights and potentially put the lives of pregnant Alaskans at risk.

Equal protection was also threatened this session as multiple bills discriminating against transgender people were introduced. One of these bills would have imposed broad physician liability on doctors who provide gender reassignment treatment to Alaskans, making it even harder to access health care in Alaska. Another bill that would have banned transgender girls from participating in school sports failed to pass both chambers, but passed the House after lawmakers spent 12 hours at the end of the session debating the issue. As the hearings continued, transgender people, especially young people, were left with the burden of enduring divisive and discriminatory language coming from our state leaders. While these bills did not pass into law, they are a reminder that government-sponsored discrimination still exists in Alaska, and it is up to us to stop it.

With the passing of Vic Fisher last fall, the state lost its last signer of the Constitution. This past session was the first since statehood that did not directly address that foundational document. Honoring that legacy means that each of us must never forget that the Alaska Constitution is an expression of Alaska’s unique identity. To ensure a future that respects our values, we must remember and live out every part of the Alaska Constitution, especially those provisions that call on us to fulfill our obligations to each other and to the future of our state.

Mara Kimmel He is executive director of the Alaska chapter of the American Civil Liberties Union.

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