An excellent structure protects the basic rights of each citizen and limits the federal government’s energy. Our state has a long-established custom of giving distinct which means to the Alaska Structure, which regularly gives extra safety for particular person freedom than the U.S. Structure. Defending particular person rights was key to the voters’ choice to amend the Alaska Structure in 1972 to guard the appropriate to privateness.
Previous to 1972, most state courts considered the appropriate to privateness a matter of federal safety that states routinely didn’t handle. Whereas our delegates mentioned the potential for presidency interference with a citizen’s privateness, the Alaska Constitutional Conference didn’t embody a selected proper of privateness as a result of the rights have been safeguarded by the equal safety ensures and the liberty from unreasonable searches and seizures. In 1972, nevertheless, prompted by worry of the misuse of computerized info methods, the Legislature permitted Senate Joint Decision 68 and requested Alaska voters whether or not to amend the Alaska Structure to determine the appropriate of privateness.
Gov. William Egan supported SJR 68: “I’ve lengthy shared the priority … that the appropriate of privateness be given extra specific recognition within the elementary regulation of our State … In a society the place the types of social, financial, and political group have change into more and more complete, impersonal, and automatic, particular recitation of the appropriate to privateness has change into more and more pertinent to the preservation of our lifestyle.”
The Home and Senate each permitted SJR 68 by the required two-thirds tremendous majority — the Home voted 39-1, and the Senate unanimously concurred with the Home — thus presenting the query to Alaska voters. SJR 68 states: “The fitting of the individuals to privateness is acknowledged and shall not be infringed. The Legislature shall implement this part.” In August 1972, Alaskans overwhelmingly permitted Poll Measure 3, as proposed by SJR 68: 45,539, or 86% for and seven,303, or 14% towards — and the appropriate to privateness underneath Article I, Part 22 grew to become a particularly enumerated, elementary proper underneath the Alaska Structure.
The fitting to privateness protects private privateness and dignity towards unwarranted intrusions by the federal government. It protects the appropriate to non-public autonomy. The primary Alaska Supreme Court docket choice to use Alaska’s proper of privateness (Ravin v. State, 1975) upheld the constitutional proper of people to make use of marijuana of their properties. In his concurring opinion, Justice Boochever famous that federal privateness regulation was unsettled and it was acceptable for the Alaska Supreme Court docket to independently apply Alaska’s proper to privateness: “for the reason that residents of Alaska, with their sturdy emphasis on particular person liberty, enacted an modification to the Alaska Structure expressly offering for a proper to privateness not present in america Structure, it could actually solely be concluded that the appropriate is broader in scope than that of the Federal Structure.”
The Alaska Supreme Court docket has constantly utilized Alaska’s proper to privateness to guard well being care privateness, together with entry to abortion (Valley Hosp. Assoc., Inc. v. Mat-Su Coalition for Selection, 1997). Medical care choices are private, non-public choices that have to be left for people and households to determine.
Each 10 years, our structure requires that voters determine whether or not to name a constitutional conference. For the previous 50 years, Alaskans have at all times voted towards calling a constitutional conference, and our structure stays a mannequin for different states. With out holding a constitutional conference, Alaskans have permitted 28 constitutional amendments and rejected 12 proposed amendments. A constitutional conference may very well be a primary step towards limiting Alaska’s proper to privateness and immediately banning or limiting entry to important reproductive well being care. Limiting these rights is towards our Alaska values of freedom, self-determination and private privateness.
Alaska historical past on the appropriate to privateness displays each our state’s independence and our sturdy custom of defending particular person liberties. Within the November election, crucial step to defending Alaska’s proper to privateness is to vote no on whether or not to name a constitutional conference.
Rep. Matt Claman represents West Anchorage within the Alaska Home of Representatives. He’s a candidate for State Senate.
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