1998 Alaska Measure 2

Ballot Measure 2 of 1998 is a ballot measure, since ruled unconstitutional, that added an amendment to the Alaska Constitution that prohibited the recognition of same-sex marriage in Alaska. The Ballot measure was sparked by the lawsuit filed by Jay Brause and Gene Dugan, after the two men were denied a marriage license by the Alaska Bureau of Vital Statistics. In Brause v. Bureau of Vital Statistics, 1998 WL 88743, the Alaska Superior Court ruled that the state needed compelling reason to deny marriage licenses to same-sex couples and ordered a trial on the question. In response, the Alaska Legislature immediately proposed and passed Resolution 42, which became what is now known as Ballot Measure 2. Ballot Measure 2 passed via public referendum on November 3, 1998, with 68% of voters supporting and 32% opposing. The Bause case was dismissed following the passage of the ballot measure.

The text of the adopted amendment, which is found at Article I, section 25 of the Alaska Constitution, states:

On October 12, 2014, U.S. federal Judge Timothy Burgess struck down the ban as a violation of the U.S. constitutional guarantee of due process and equal protection. Burgess wrote, "Alaska’s denial of the benefits and dignity of marriage for them only perpetuates this discrimination without legitimate grounds.” Burgess also barred Alaska from refusing to acknowledge lawful same-sex marriages conducted in other states.

Article I, § 25. of the Alaskan Constitution remains an unconstitutional constitutional amendment to this day. It can repealed by either a state constitutional convention or by a legislatively referred constitutional amendment that requires a two-thirds vote in both the Alaskan State Senate and the Alaskan House of Representatives and a majority vote in a referendum.