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Bars discussing marriage amendment, but cautious about taking a stance

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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.
 

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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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