IndyBar takes public position against marriage amendment

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Backed by the results of a membership survey, the Indianapolis Bar Association has announced its opposition to the marriage amendment being debated at the Statehouse.

The announcement comes after several members asked the association to take a position on the proposed constitutional amendment and after the board of directors discussed the issues many times, according to 2014 IndyBar President Jeff Abrams. To be sure of the members’ views, the association conducted a survey and found more than 70 percent of respondents favored taking a public stance opposing the amendment, HJR 3, and companion legislation, House Bill 1153.

 “This is unique,” Abrams said. “I would say our legislative committee has voiced opinions before on proposed bills that affect how our lawyers practice law. This is going one step further and making a statement on behalf of our entire membership.”

A survey of its 4,928 attorneys, judges, paralegals and law students conducted last week drew 2,196 responses – a response rate of 47.4 percent, the highest response rate on record for the association.

Of the members who replied to the survey, 73.1 percent were in favor of publicly opposing HJR 3 while 20.1 percent favored taking no position on the measure. A slim portion, 5.4 percent, favored supporting the amendment and 1.5 percent expressed no opinion.

The association joins many major businesses in Indiana, universities, and municipalities in opposing the controversial amendment.

Looking at the Indiana Constitution’s history and precedent, the IndyBar contends the content of the amendment is inappropriate. Prior amendments dealt with defining the role and operation of state government. None focused on regulating individual citizens as HJR 3 does.

In addition, the bar association has concerns about the unintended consequences upon potentially hundreds of state laws if the amendment is approved by the Legislature and ratified by the public. The uncertainty, the association asserts, would likely lead to an interruption in the administration of justice, years of litigation and significant expense for individual citizens and Indiana businesses.

The marriage amendment was approved by the House Elections and Apportionment Committee last week and could be voted on by the House of Representatives as early as Monday.



  • I burn incense before thee, goddess liberty
    YES! How dare those legislators attempt to pass laws. Thankfully we have the unelected lifetime appointee federal judges to help protect us from democracy. This is just the sort of thing we are trying to accomplish in the middle east, that is, imposing liberty and individual rights on people who don't want it! Indeed considering the broad reach of the current judicial interpretation of the fourteenth amendment, all the bigoted state reps should just go home and allow the feds, banks, Hollywood and global corporations to impose the kind of liberty we all truly need! its mostly done now anyways.
  • Thanks for taking a stand
    I have been a practicing attorney for 25 years in Indiana. Thank you Indianapolis Bar Association for taking a public stand against HJR3. A small group of Indiana legislators should not be able to impose their personal views on the citizens of Indiana through a proposed amendment to the state constitution.
    • HJR-3
      OUTSTANDING!!!This legislation, in addition to attempting to enshrine bigotry in the state constitution, literally does nothing. There is no penalty for people who flagrantly defy its terms, and, to the extent it attempts to invalidate property agreements between consenting, competent adult, is a complete anathema to Constitutional democracy.

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    1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

    2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

    3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

    4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

    5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.