ILNews

Bars discussing marriage amendment, but cautious about taking a stance

Back to TopCommentsE-mailPrintBookmark and Share

Among the nearly 13,000 members of the Indiana State Bar Association, views on the proposed marriage amendment are falling into three separate camps: those who think the association should publicly support it, those who think the association should publicly oppose it and those who think the association should refrain from taking a position at all.

The specter of a bar association taking a public stance on such a charged political issue was increased Monday when the Indianapolis Bar Association announced its opposition to the proposed amendment banning same-sex marriage.

Following a survey of its members and internal discussions, the Indy Bar took a position against the amendment, HJR 3 and the companion legislation, House Bill 1153.

Whether any other bar association in Indiana will make a public statement on the amendment is unknown. However, a sampling of some associations around the state found a reluctance to speak out on social issues such as this.

“There are significant issues that this raises – political, religious, economic and public policy issues in addition to legal issues,” state bar president Jim Dimos said of the marriage amendment. “It’s hard to strike the right balance for representing and serving all the members of the association.”

The state bar has not turned a blind eye to the matter. Last year, two existing committees examined the amendment. One committee reached the conclusion that the association should oppose the measure while the other committee advocated against the bar taking any stance.

Instead of submitting competing resolutions during the October 2013 House of Delegates meeting, both committees decided to withdraw their respective proposals.

Since then, the ISBA has appointed a special committee, chaired by Indiana University Robert H. McKinney School of Law professor Joel Schumm, which is tasked with monitoring HJR 3 as it moves through the Statehouse this session.

“Much like the fact that the Indianapolis Chamber of Commerce took a position on HJR 3 while the Indiana Chamber of Commerce did not, the IBA and the ISBA have different constituencies and both organizations need to serve their members as the respective boards see fit,” Dimos said.

The state bar president added he has a “tremendous amount of respect” for the Indy Bar and he is sure the board of managers gave the matter considerable thought and reached the decision that it believes was in the best interests of the membership.

Since the Indianapolis Bar made its announcement, Scott Wylie, president of the Evansville Bar Association, has received some phone calls from local attorneys, asking if the association was going to take a position.

Like the state bar committees, Wylie said EBA members have expressed two primary views: vigorously oppose the amendment or do not to get involved.

Among those opposed to the amendment, he has been hearing a nuanced position. Some members are against the proposal because they have doubts about enshrining legislation into the state constitution. They see putting a ban on same-sex marriage in the constitution as similar to moving punishment for a gun crime or methamphetamine offense into the state’s founding document.  

Traditionally, Wylie said, the Evansville bar does not get involved in political issues. He compared the association’s level of discretion on highly political matters to that of a family who chooses not to discuss certain topics over Thanksgiving dinner.
 
Given the very collegial nature of the association, Wylie emphasized he wants to be cautious and thoughtful. Before taking any position as an association, he said, as the bar president he would want to engage the members, perhaps through a survey like the Indy Bar conducted, to get their feelings and views.  

“I applaud the Indianapolis Bar, as a membership organization, for investing the resources they invested to engage their members,” Wylie said.

The EBA plans to discuss the marriage amendment at its monthly meeting Feb. 13. Also, the family law section has been asked to examine the amendment to determine how the proposal would potentially impact certain statutes.

Social issues are something the Allen County Bar Association also has traditionally not taken positions on, according to the bar’s president, Allen Superior Court Judge David Avery.

“To keep the collegiality in the bar, you just don’t need issues like that that bring out the difference in the individuals,” he said.

The Allen County bar’s board of directors has not been discussing the marriage issue nor have any members pushed the association to take a stance, Avery said.

“Personally, I don’t see it as the bar’s place,” Avery said. He noted he was speaking about the Allen County bar and did not have a problem with other bar associations taking a position on the amendment.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

ADVERTISEMENT