[caption id="attachment_167024" align="alignright" width="321"] Plaintiffs Matt Hamby (left) and Chris Shelden[/caption]

A federal judge ruled today that Alaska's ban on same-sex marriage is unconstitutional, paving the way for gays and lesbians to get married in the 49th state.

In his decision, U.S. District Court Judge Timothy Burgess said Alaska's voter-approved constitutional amendment deprived gay couples of their rights to due process and equal protection, guaranteed under the Fourteenth Amendment.

"By singling out homosexual couples and banning their ability to marry an individual of their choosing," he wrote, "it is impossible to assert that all Alaskans are equal under the state’s laws."

The case in question, Hamby v. Parnell, was filed in May by five same-sex couples. It challenged the state’s constitutional amendment limiting marriage to one man and one woman, approved by voters in 1998.

“We’re completely overjoyed,” said Caitlin Shortell, an attorney for the plaintiffs who was notified of the verdict via e-mail. “It’s been a long time coming. It’s justice and equality in Alaska."

In was back in 1998 that Alaska became the first state to enact a ban on same-sex marriage. ACLU of Alaska director Joshua Decker said today's ruling "brings equal rights to thousands of Alaskan couples who are in loving, committed relationships.”

UPDATE:  Gov. Sean Parnell said in a statement Sunday that he would appeal Burgess's decision.

“As Alaska’s governor, I have a duty to defend and uphold the law and the Alaska Constitution. Although the district court today may have been bound by the recent Ninth Circuit panel opinion, the status of that opinion and the law in general in this area is in flux. I will defend our constitution.”