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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. 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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