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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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