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ANCHORAGE, Alaska (AP) — Alaska wrongly nied some same-sex spo benefs for years by claimg their unns were not regnized even after urts stck down gay marriage bans, urt documents obtaed by The Associated Prs show. The agency that term eligibily for a yearly oil wealth check paid to nearly all Alaska rints nied a payout for same-sex spo or pennts of ary members statned other stat for five years after a feral urt validated Alaska’s ban on same-sex marriage 2014, the documents show. The practice also persisted after the Supreme Court legalized the unns natnwi 2015. In one email om July 2019, a same-sex spoe livg out of state wh his ary hband was nied a check bee “unfortunately the state of Alaska don't regnize same sex marriage yet,” employee Marissa Requa wrote to a lleague, endg the sentence wh a owng face emoji. The practice by the Permanent Fund Divind Divisn ntued until several people qutned or appealed beg nied checks 2019. Denali Smh, who was nied benefs, sued the state that November, seekg an orr clarg that Alaska officials vlated the feral urt lg and Smh’s nstutnal rights to equal protectn and due procs. Smh and the state settled the lawsu Wednday. Alaska admted nyg benefs to same-sex ary spo and pennts for five years vlatn of a permanent junctn put place by the 2014 U.S. District Court cisn. The state also vowed to no longer e the outdated state law, stop nyg ary spo and pennts oil checks gog forward and update enforcement regulatns. There were no fancial terms to the settlement. In fact, Smh had to pay $400 out of pocket to file the lawsu to get her oil check, and her attorney worked pro bono. In Alaska, the oil wealth check is seen as an entlement that people e to buy thgs like new TVs or snowmobil, fund llege savgs acunts or, ral areas, pay for high heatg and food sts. The payouts e om a fund seed wh oil money. Last year, nearly every rint received $992. The year before, the amount was $1,606. About 800 pag of emails provid by the state for the lawsu show a clear misunrstandg or outright disregard of the 2014 urt precent and reluctance to reach out to the attorney general’s office for guidance. The emails, redacted of intifyg rmatn about oil check applints, show that as late as 2019, divisn employe were claimg Alaska did not regnize same-sex marriag, often potg to an outdated and unenforceable sectn of state law still on the books as jtifitn. “It seems like none of them, all the way up to the director, unrstood that this was a permanent junctn, meang if you enforce the law after this date, you’re vlatn of a urt orr and you’re vlatg people’s rights,” said Anchorage attorney Cal Shortell, one of the lawyers who succsfully sued to overturn the state’s ban on gay marriage and later filed the lawsu on behalf of Smh. The state Department of Law released a statement sayg the unenforceable law will rema part of the state's statut until lawmakers remove . “As for the applitn of that law which led to the recently settled lawsu, that policy has been rrected by the Department of Revenue," the statement said. It add that 's ensurg every eligible Alaskan receiv an oil check as the ernor directed after hearg about the issue 2019. The partment did not rpond to other qutns om the AP, cludg how many spo were improperly nied checks and how many of those were retroactively paid, whether the attorney general's office advised the Permanent Fund Divind Divisn on the chang stemmg om the urt cisns or if the divisn cid for self what the law meant. The emails show employe disregard a 2017 orr om a puty revenue missner to stop nyg checks to same-sex spo, that efforts were ma to keep rrect language about the state not regnizg gay marriage s lerature and that s puter system was programmed to reference the unenforceable state law form nial letters. Smh, who acpanied her wife out of state, was nied a check 2019. Shortell also reprented another woman whose wife was statned out of state, and the woman and the uple’s two children were nied benefs. Divisn staff listed about 40 people who were nied. Four were marked for further review, but the emails don't reference what me of those applitns. “Based on their ignorance of and disregard for the law throughout the disclosur, I do not tst their analysis was rrect,” Shortell said, addg that the number of people nied benefs uld be higher. Of the settlement, Shortell said she was pleased the state would follow urt orrs that same-sex upl “are entled to have their marriag regnized and to receive all of the benefs attendant on marriage," cludg the oil checks. “It is disturbg that took five years and a feral lawsu to force the state to follow the law and stop s discrimatory policy,” she add. Acrdg to the emails, the first ditn that the law was not beg followed me on Feb. 26, 2015, when someone emailed employee Bradley Johnson about whether gay marriage was legal, and he sought clarifitn om Kimberly Lane, the divisn’s eligibily manager. That same day, another employee, Jennifer Cason, told Lane she knew that same-sex marriage was legal Alaska. “I jt want to make sure that everyone knows what the law is here so n be followed,” an email said. On March 9, 2015, Lane asked appeals manager Robert Pearson for clarifitn. Pearson wr back, “1st thought – punt to AG,” followed by a sey face. “I don’t thk the law has been officially stck down, as yet, but I uld be wrong,” he ntued. “So, 2nd thought, let’s wa until the Supreme Court cisn and then we won’t have to take anythg back that we’ve already done.” Lynne Church, another employee, emailed Lane and Pearson on Aug. 8, 2016, about an applint who would most likely be nied the followg year bee they would be acpanyg their ary spoe out of state. “Feral law and Alaska law are not aligned at this time,” Church wrongly stated. On Jan. 26, 2017, Pearson emailed Sara Race, then the divisn's director, and Anne Wke, then the divisn's operatns manager, summarizg the appeal by a woman who was nied a check when her wife was statned out of state. The 2016 nial, Pearson wrote, “is based solely on her not qualifyg as a ary spoe. If she were male she would be eligible.” The most five directive about approvg such claims for same-sex spo and pennts was given March 9, 2017, by Jerry Burt, then the puty revenue missner. He left ltle doubt an email to Race and Wke, sayg the U.S. Supreme Court cisn validated all opposg laws at the state or lol level. Sce the lg, the divisn “has not been able to e the fn of marriage found the Alaska Statut or Constutn,” he wrote. Any oil checks nied for that reason mt be paid immediately, and staff need to e a fn of marriage that don’t nflict wh the legal cisns, he wrote. Race rpond that the nial had been overturned and the person paid. “Also, 110% unrstood that future eligibily cisns would need to follow su.” Two years later, emails show same-sex upl were still beg nied. In April 2019, emails show a woman who was nied a divind was given a supervisor’s ntact rmatn to appeal. After another applint who had been nied plaed to their lawmaker, the issue was lated to Wke, who by then was the divisn’s director and who had received Burt’s 2017 directive to regnize same-sex marriag. “I seem to rell possible guidance om the prr admistratn statg that we COULD allow them,” Wke wrote Sept. 23, 2019, notg that she’d check, but “if they were nied there is law statg that we don’t regnize same sex marriage.” By Oct. 7, 2019, over a month before Smh’s lawsu was filed, the policy had changed. Lane emailed staff to treat same-sex marriag the same as oppose-sex upl. In that email, Lane said Alaska’s fn of marriage “has been stck down as unnstutnal by U.S. District Court and U.S. Supreme Court two separate s,” whout mentng those s had been cid several years earlier. * 899 gay *