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Abrams: The Indianapolis Bar Association and HJR-3

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jeff abrams ibaAs you know, the Indianapolis Bar Association issued the following press release on Monday, January 27, 2014 prior to the Indiana House of Representatives voting to remove the second sentence of the proposed Constitutional Amendment.

The Indianapolis Bar Association today announced its opposition to HJR-3, the constitutional amendment to ban same-sex marriage and civil unions, and HB1153, its companion legislation. Last week, the Indianapolis Bar Association surveyed its members regarding their position on HJR-3. 2,196 members responded to the survey, which reflects a 47.4% response rate from the members receiving the survey; this is the highest survey response rate on record for the association. The results of the survey revealed that 73.1% of the respondents were in favor of publicly opposing HJR-3, 20.1% favored taking no position on the measure, 5.4% were in favor of supporting HJR-3, and 1.5% had no opinion.

Considering these survey results and the Board’s review of the proposed amendment and companion legislation, the Indianapolis Bar Association opposes passage of the proposed amendment and legislation. First, based on Indiana constitutional history and precedent, the content of this amendment stands out as inappropriate. In the 163 year history of the State’s constitution, it has been amended on subjects such as term limits, taxation, governmental structure, elections, and courts. Prior amendments dealt with what government could and could not do, and how the government is to be formulated and operated, not the regulation of its individual citizens. Second, members of the Indianapolis Bar Association expressed great concerns about the unintended consequences upon potentially hundreds of Indiana laws if HJR-3 is passed and ratified, including those in the areas of family law, criminal law, employment law, health care law, and tax law. This uncertainty would likely lead to an interruption in the administration of justice, years of litigation and significant expense for individual citizens and Indiana businesses.

The Indianapolis Bar Association is a voluntary membership organization comprised of 4,928 attorneys, judges, paralegals and law students. Founded in 1878, the association’s mission is to serve its members, promote justice and enhance the legal profession. The association is governed by a 32 member Board of Directors.

The IndyBar has historically weighed in on matters that affect laws and the practice of law. Our legislative committee meets every year at this time to review proposed bills and if needed, provide comments to committee members as to the affect the proposed bills may have on attorneys or the practice of law. This is done every year. We also have our mission statement which provides we are to serve our members, promote justice and enhance the legal profession. One issue discussed was the conflict presented by HJR-3 in trying to meet all three of those objectives.

We had several members of the IndyBar, including some board members, ask us to consider adopting a response to HJR-3 for various reasons. After two separate board meetings and hours of discussion at each one, it was clear that emotions were running high on the proposed amendment. We had outstanding discussions with input from every single board member. I am very proud of the approach, candor and intense yet respectful discussions the board had during the process.

Ultimately, it was determined that the best approach was to solicit information from our membership so we clearly were speaking for our members and not just what we believed our members wanted. Thus, the survey. As a result of the survey and more hours of discussion, the press release was generated. We reviewed previous Indiana Constitution amendments as well as the summary of the laws prepared by the IU Maurer School of Law that may be affected by the amendment. You will note that we opposed it primarily on how it may affect lawyers and the practice of law. We also discussed the need to provide education, and we will continue to discuss how that can be achieved.

The board knew that when taking this public position, not all of our members would agree. We respect our members’ views on these important matters even if they weren’t the views of the majority of members. However, the board felt comfortable taking this position as a result of the strong statement from our members in the survey overall. I hope that all members will appreciate the time spent to clearly understand exactly the opinions of our members and to draft a response appropriately, even if it did not conform with the view of all 4,928 of our members.

The House and Senate will continue to debate this issue and since the time that I delivered this article to the staff for the Indiana Lawyer, I am sure that more discussions, protests and statements will have been made for and against the amendment. I would only ask that all of our members clearly understand why the board took the position it did, respect the process that we went through and ultimately the decision we made. Many members of the board received emails from IndyBar members expressing their opinions on the issue, and I encourage those emails and discussions to continue so that we may continue to better serve our membership. Ending this article with a poem has been a challenge, but here goes.

HJR-3 has been a challenging topic for your IndyBar board.

If any of you have a secret solution acceptable to all, I would surely pay a HUGE reward.

I can assure you, all comments have been considered and certainly not ignored.

Please give the IndyBar some time, so any waning support is clearly restored.•

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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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