INBOX: State bar needs to speak up on marriage equality

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Letters to the Editor

Although the ABA itself endorsed marriage equality for gays and lesbians over three years ago, the Indiana Bar Association has failed to follow in the national organization’s footsteps. Given that the state appears poised to entrust the fate of gays’ and lesbians’ equal protection rights to the will of the plebiscite, the bar’s continued silence is indefensible.

It is important to remember that Indiana law currently does not permit gays and lesbians to marry, so taking a stand against the Amendment will not obligate the members of the bar to explicitly support gay marriage. Instead, one key reason why the state bar should oppose HJR6 is that the referendum will alter the state constitution to specifically condemn homosexuals to a form of second class citizenship. Our state constitution is a sacred covenant between our state government and the citizens of the state – one that proscribes the government’s ability to interfere with individual liberties. It is document that should bind us together rather than find ways to separate Hoosiers based on our personal opinions on divisive social issues.

When I moved from Madison, Wisconsin five years ago to Indiana, I moved from a community that had been represented in Congress by an openly gay lesbian to one of Indianapolis’ northern suburbs. In my early weeks here, while sitting in a coffee shop with a female friend, I was the butt of a homophobic slur. While I don’t pretend that Madison was paradise, the slur was an early sign that I had moved into a community with a different cultural climate. I have since found reasons to enjoy living here, but should this Amendment pass, I will actively pursue out of state employment opportunities. While the economic downturn may not immediately permit large numbers of gays and lesbians to leave the state, in the long run, gays and lesbians with a choice of opportunities will undoubtedly avoid staying in or moving to what is perceived as hostile territory.

While some may argue that the bar should stay out of politics, when political issues threaten to impair the state of justice in Indiana, the bar cannot remain silent. Despite the fact that the profession is often the subject of parody, as members of the profession, attorneys “are officers of the legal system and public citizens who possess special responsibilities for the quality of justice.” (Indiana Rules of Professional Conduct Preamble) By standing on the sidelines and hoping that the legislature will abandon this issue, the bar’s silence is a mark, not of courage and justice, but of cowardice.

Shawn Marie Boyne
Professor of Law
Indiana University Robert H. McKinney School of Law


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues