Within hours of a U.S. District Court judge's decision to strike down Alaska's ban on same-sex marriage as constitutional Sunday, a statement from the office of Gov. Sean Parnell vowed the state would appeal the ruling. On Monday, the state filed an emergency motion for a stay in the case in hopes of a hearing before a panel of judges with the 9th U.S. Circuit Court of Appeals.
Less than a half-hour after that statement from the governor's office Sunday, Parnell's campaign for re-election issued a release asking if Parnell's opponent, independent Bill Walker, would "defend Alaska's Constitution," referring to the constitutional amendment passed by Alaska voters in 1998 that explicitly defined marriage as between a man and a woman.
Walker, an attorney, responded later Sunday with criticism of the state's decision to appeal the ruling. A recent ruling from the 9th Circuit -- 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," he said.
The issue of gay marriage puts Walker -- as an independent who leans conservative -- in an unusual position, given his running mate, Byron Mallott, is a Democrat who joined Walker on the ticket in hopes of providing a unified front to unseat Parnell.
At a candidate forum in Anchorage on Monday, Mallott said he would advise Walker not to pursue an appeal if elected.
"The thrust of federal courts nationwide is in the direction of allowing freedom of choice, equality, and I think that for the state to appeal is both a waste of resources and a diversion of attention from the real issues that we need to address as a state that are pretty clear," Mallott said prior to a debate with Anchorage Mayor Dan Sullivan, who is running for lieutenant governor on the Parnell ticket. "I would advise Mr. Walker not to continue the state's appeal, but obviously he is the governor and he will make the ultimate decision."
Sullivan declined to address the issue prior to Monday's forum as he headed into the Egan Center, saying he had to remain focused on the debate and a debate takes "concentration."
Asked Monday whether it was financially irresponsible for the state to pursue an appeal it would seem to have little chance of winning given previous rulings from higher courts, a spokesperson for Parnell simply said the governor was defending Alaska's constitution.
"When an Alaska constitutional principle has been invalidated by a lower court, the governor believes he is bound by his oath to defend Alaska's Constitution. That is what he is doing," wrote Parnell spokesperson Sharon Leighow.
Matt Hamby, one of five plaintiffs who sued to the state to overturn Alaska's same-sex marriage ban, said Monday morning that his decision to pursue litigation was not political.
"I think the governor is doing enough political moves this week for all of us," he said, moments after applying for his Alaska marriage license.
Hamby called the state's decision to appeal the lawsuit a "travesty," especially in light of other recent court decisions across the country. He said the decisions overturning bans -- which have been upheld despite numerous challenges -- show this isn't an issue of "activist" judges but of upholding constitutional rights.
"I think (the Parnell administration) needs to back up just a moment and recognize we're still subject to the U.S. Constitution and he's denying us our rights," Hamby said.
Reporter Suzanna Caldwell contributed to this story.