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Lawmakers discuss same-sex marriage and criminal code revisions at IU McKinney Law School

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Two Republican lawmakers are backing off support for holding a second vote on the same-sex marriage amendment, advocating the Legislature take a wait-and-see approach.  

Rep. Jud McMillin, R-Brookville, and Sen. Luke Kenley, R-Noblesville, both advised the Legislature wait to act until the U.S. Supreme Court rules on the two same-sex marriage cases currently pending this term. A resolution calling for a constitutional amendment passed the Indiana General Assembly during the 2011 session and is eligible for a second vote this session. If approved by lawmakers, the measure would be on the 2014 ballot.

However, the legislators pointed out the General Assembly can also vote on the amendment during the 2014 session, and they advocated delaying the process until the Supreme Court takes action.

“With the Supreme Court case pending there’s really no reason to hear that bill or deal with that issue in this session until you have clarification,” Kenley said. “Because if we were to hear it this year and pass it this year, it would have to go on the ballot even if the Supreme Court had already declared it unconstitutional. And I don’t think that would make the Indiana Legislature look very wise.”

McMillin and Kenley were two Indiana lawmakers who spoke at the Indiana University Robert H. McKinney School of Law Tuesday evening. They were joined by Sen. Greg Taylor, D-Indianapolis, and Superintendent of Public Instruction Glenda Ritz for the legislative panel discussion.

The discussion and reception was sponsored by Phi Alpha Delta Law Fraternity and the Black Law Students Association. Indianapolis radio host Amos Brown served as the moderator.

In addition to the same-sex marriage amendment, the legislators also talked about the sweeping revisions proposed for the state’s criminal code. McMillin, a member of the Courts and Criminal Code Committee, framed the issue as a fiscal one.

“I understand the argument when people do a crime, they need to pay for those crimes,” he said. “But those who just want to continually harp on the fact we need to put people away need to understand being tough on crime is also being tough on taxpayers.”

Brown questioned whether lawmakers were fearful of voting for any revision that could open them to the charge of being soft on crime.

Taylor dismissed that assumption. “I think the electorate has become more educated on this issue,” he said. “The electorate understands that if we talk about being smarter on crime, instead of harder on crime, that people understand what we mean by that.”

McKinney Law School Dean Gary Roberts asked the panel about Senate Bill 88 which would require the loser in civil litigation to pay all attorney fees. The dean called the proposal a “radical departure from the American tradition” and said it would change the dynamics of litigation.

Kenley agreed. He said the impact on the civil legal system would be huge with the parties having to decide if they are willing to take a chance and file a case.

“I don’t know whether this has any chance of passing or not, but it would be an enormous change as you pointed out,” he said.


 

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  • Suits & Atty Fees
    Loser pays attorney fees is a good idea, so long as it's not an all or nothing thing. I would favor a graduated scale (think income tax rates) for fees. Perhaps cap it out at 30-40%. Think of someone suing a big retailer, and then getting a $50,000 bill for attorney fees when they lose.

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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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