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Alaska
Legal Help Desk
Find Your State
Know the laws in your state that protect LGBT people and people living with HIV.
Photo: Corbis
NO
Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?
Does state law expressly protect state government employees from discrimination on the basis of sexual orientation?
Governor Tony Knowles issued an executive order in 2002 banning discrimination based on sexual orientation against state employees. See Admin. Order No. 195. However, Alaska does not have a statewide law prohibiting discrimination based on sexual orientation. See Alaska Stat. § 18.80.220.
All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.
The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.
Does Alaska have an HIV criminalization law?
NO, Alaska does not have a criminal statute that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct; however, all states have general criminal laws—such as reckless endangerment and assault laws—under which it is possible to prosecute an HIV-positive person for nondisclosure of HIV status prior to sexual conduct.
Has there been at least one HIV-based criminal prosecution—brought under an HIV-specific criminal law or a general criminal law—in Alaska in recent years?
NO, there has not been a criminal prosecution in recent years of which Lambda Legal is aware; however, that does not mean that will not be one in the future.
Does Alaska have laws that criminalize or enhance the penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV?
NO, Alaska does not have laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, but that does not mean the state could not prosecute a person engaged in such activities under general criminal laws or argue for sentence enhancements based on the person’s HIV diagnosis.
Does Alaska have criminal laws addressing HIV+ sex workers and/or HIV+ patrons of sex workers?
NO, Alaska does not have laws that enhance penalties for HIV-positive people involved in commercial sexual transactions, but that does not mean that a prosecutor could not argue for an enhanced sentence in such a situation based on the defendant’s HIV-positive status, if the prosecutor has access to that information, or attempt to bring separate charges under an HIV-specific nondisclosure statute or the general criminal laws.
Who may adopt?
Any unmarried adult. Married persons must petition jointly unless excused by court. See Alaska Code § 25.23.020.
Second-parent adoptions:
Granted by some judges, but not yet affirmed in appellate case law or confirmed in statute.
YES
Does the state allow same-sex couples to marry?
YES
Does the state recognize marriages of same-sex couples from other jurisdictions?
NO
Does the state offer any other type of relationship recognition for same-sex couples?
YES
Does state law prohibit bullying in public schools?
NO
Does the law include cyberbullying?
NO
Does the law specifically mention sexual orientation?
NO
Does the law specifically mention gender identity?
NO
Does the law also apply to private, non-religious schools?
NO
Is there a state antidiscrimination law that applies (or may apply) to schools?
See: Alaska Stat. § 14.33.200. (2012)
You may email the Help Desk by filling out this online form.
Alternatively, here is the telephone number of the Lambda Legal Help Desk nearest you: Western Regional Office: 213-382-7600
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