The state of Alaska is taking a different tack than other states, they will argue that majority rule and states rights trump individual rights, and leave out the arguments that have failed and fallen in so many cases prior to this. The key thing for all to remember however is that if a right can be voted away, it’s not a right at all. I am definitely ashamed of my old home state which used to be socially liberal when I came of age there.

Citizens, not the courts, should decide whether the definition of marriage includes same-sex couples, the state of Alaska said in court papers filed Friday.

The state is defending in federal court an amendment to Alaska’s constitution that bans gay marriage. In May, five same-sex couples - four married outside of Alaska and one unmarried couple - sued to overturn the ban approved by voters in 1998, saying it violates their rights to due process and equal protection under the U.S. Constitution.

In a filing Friday, attorneys for the state said citizens have a fundamental right to decide whether to make changes to important institutions through the democratic process.

More: Alaska Says Citizens Should Decide on Same-Sex Marriage, Not Courts