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IndyBar: Indianapolis Bar Association Announces Opposition to HJR-3 and HB 1153

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The Indianapolis Bar Association announced on Monday, January 27 its opposition to HJR-3, the constitutional amendment to ban same-sex marriage and civil unions, and HB1153, its companion legislation. Last week, the Indianapolis Bar Association surveyed its members regarding their position on HJR-3. 2,196 members responded to the survey, which reflects a 47.4% response rate from the members receiving the survey; this is the highest survey response rate on record for the association. The results of the survey revealed that 73.1% of the respondents were in favor of publicly opposing HJR-3, 20.1% favored taking no position on the measure, 5.4% were in favor of supporting HJR-3, and 1.5% had no opinion.

Considering these survey results and the Board’s review of the proposed amendment and companion legislation, the Indianapolis Bar Association opposes passage of the proposed amendment and legislation. First, based on Indiana constitutional history and precedent, the content of this amendment stands out as inappropriate. In the 163-year history of the state’s Constitution, it has been amended on subjects such as term limits, taxation, governmental structure, elections and courts. Prior amendments dealt with what government could and could not do, and how the government is to be formulated and operated, not the regulation of its individual citizens. Second, members of the Indianapolis Bar Association expressed great concerns about the unintended consequences upon potentially hundreds of Indiana laws if HJR-3 is passed and ratified, including those in the areas of family law, criminal law, employment law, health care law, and tax law. This uncertainty would likely lead to an interruption in the administration of justice, years of litigation and significant expense for individual citizens and Indiana businesses.

The Indianapolis Bar Association is a voluntary membership organization comprised of 4,928 attorneys, judges, paralegals and law students. Founded in 1878, the association’s mission is to serve its members, promote justice and enhance the legal profession. The association is governed by a 32-member board of directors.



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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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