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AG finds no caselaw that answers same-sex amendment question

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Nearly 13 minutes into a press conference touting the accomplishments of his office in 2013, Indiana Attorney General Greg Zoeller got a question on a topic he may have been hoping to avoid – same-sex marriage.

State legislators have been grappling privately with the proposed amendment to the Indiana Constitution banning marriage between two people of the same gender. Their concern is the second sentence of the amendment which some view as too broad and possibly removing legal protections from unmarried heterosexual couples.  

Zoeller said his office has fielded questions and had conversations with elected officials who are actively in favor of the amendment getting a second approval from the Statehouse as well as with elected officials who are opposed. Pointing to recent decisions by federal judges striking down same-sex marriage statutes in other states, Zoeller described the issue as a “very volatile area of the law.”

To the question of whether the Legislature could alter the second sentence and still go forward with getting the issue before voters in the November 2014 general election or if any rewrite would force the amendment process to start all over again, the attorney general had no definite answer.

There have been no cases directly on point that has provided a response to that question, he said.

“I think the fact that it’s not been fully addressed leaves it open to a supposition as to what a federal court might do or a state court might do when it comes to changing language or altering it,” Zoeller said. “So it’s an open question.”

Zoeller devoted most of the press conference to highlighting what he called “an extraordinary year” for himself as well as the Office of the Attorney General. He noted, specifically, the work on getting more resource officers into schools, battling prescription drug abuse and providing extra consumer protection for senior citizens.

The Indiana General Assembly approved legislation proposed by Zoeller and Sen. Pete Miller, R-Avon, that clarified the duties of school resource officers and established a state grant program to help schools pay for these officers. The measure appropriated $10 million in 2013 and again in 2014 for the grants.

In 2013, 116 school corporations, out of a total of 290, received grants.

Zoeller is now turning his efforts to securing additional funding for more officers. He is eyeing a federal appropriations bill which includes monies for these law enforcement personnel.

If Congress approves the bill and develops a competitive grant program to award the funds, the attorney general believes Indiana will be well-positioned to get federal support. The partnerships between local communities, law enforcement and the Indiana Criminal Justice Institute along with Miller’s bill puts Indiana in a leadership role, showing the state has prepared for greater use of school resource officers.

Zoeller also pointed to another piece of legislation, the Senior Consumer Protection Act, recommended by his office and authored by Sen. Tim Lanane, D-Anderson. Approved by the General Assembly, the new law increases civil penalties for those who financially exploit state residents who are 60 and older.

The attorney general’s office filed its first lawsuit under the new statute in September against an Indianapolis-based tree service company. Zoeller’s office claims that Steve Spaulding and his company, Spaulding’s Tree Experts, bilked a 93-year-old homeowner out of $7,500 in exchange for minimal and faulty work.

While the case is still pending in Marion County, the attorney general plans to seek a default judgment against the defendant.   

Also in 2013, the attorney general filed disciplinary complaints with the Indiana Medical Licensing Board against 15 doctors for overprescribing painkillers. Zoeller credited the state’s Prescription Drug Abuse Prevention Task Force with making an “emergency effort” to try to stem prescription drug abuse, which has reached epidemic levels.

The task force, of which Zoeller is a co-chair, brought together more than 80 people from different agencies to examine the problem of “pill mills” and the growing dependence on opiate painkillers. During the 2014 legislative session, the task force plans to recommend the state speed up the process that requires pharmacists report their dispensing of certain amounts of opioids.

Zoeller said he has met with physicians who are concerned about new regulations.

“I told them that they should watch the actions taken to date against physicians who have overprescribed,” he said, “and if they see their own practice looking like that, then they should probably worry.”

 

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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