Alaska Attorneys: Right to Marry Is Fundamental

Attorneys for the gay couples challenging Alaska's ban on same-sex marriage say the right to marry is fundamental and due to all individuals.

They take issue with the state saying the U.S. Supreme Court has never held that there is a fundamental constitutional right to same-sex marriage. The plaintiffs' attorneys say the high court has upheld a broad definition of marriage.

They say it's unnecessary to parse out certain classes of individuals for whom marriage should apply.

A federal judge is scheduled to hear arguments Friday in the case filed by five couples challenging Alaska's ban on gay marriage as unconstitutional.

The state, in a filing last month, said the question of whether to define marriage to include gay couples should be decided by citizens, not the courts.