Maurer: Is this the Indiana we've always wanted?

March 30, 2011
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Indiana Lawyer Commentary

maurer-commentaryMy fellow Tea Party Republicans, I have an idea. Let’s enact legislation requiring immigrants and homosexuals to wear purple hats. If we are going to treat them differently, we have to know who they are – on sight. Then we can confront someone wearing a purple hat and if he doesn’t speak English, boom, back to Mexico. Likewise homosexuals. We do not want them here, either.

There are no legal challenges to the current law banning same-sex marriages, but the law does not sufficiently set apart and condemn homosexuality. The proposed marriage rights amendment that passed the House and is before the Senate in committee goes a long way. It prohibits not only the union but the other incidences of marriage attached to any unmarried couple.

Under this legislation, homosexuals cannot receive violence protection against assault by their partner, cannot automatically make health care decisions for their partner in an emergency, cannot qualify for partner’s benefits for health insurance or life insurance, cannot share custody of their shared children, and cannot adopt. But the amendment does not go far enough. We need to compel gays to wear purple hats so we can identify them and encourage them to live in San Francisco or Key West, anywhere but our God-protected sacred land.

I confess – this idea is not original. Remember armbands? They have been used to identify the people who are not like us for hundreds of years – before even the Spanish Inquisition or the Aryan Society of Germany. This kind of designation and identification of the objects of righteous wrath has been seen many times before in many variations – and it works.

We cannot be derailed by the moderate Republicans and some Democrats who supported the election of a Republican majority in the Indiana Legislature with the encouragement of the governor in a good-faith effort to effect a sound fiscal policy. Pay no attention when those moderates claim that this well-intentioned effort has unleashed the serpent of prejudice and hatred that may send Indiana reeling economically, socially and morally.

The purple hat legislation will be no ordinary bill. It will go to the core, to the heart, of who we are as Hoosiers. Hoosiers are white, heterosexual, English-speaking, Christian men and women. The purple hat legislation will tell the world that we will not abide anybody that is not just like us. That seems fair. Anybody that does not meet our definition of Hoosier must be penalized and encouraged to leave. Live and let live – but not on the banks of the Wabash.

We have to carefully teach our children. They are not born with the same fine-tuned understanding that we have about what God wants. They are too pure and accepting of their fellow man. That is why you must continue your good work in suppressing attempts to enact school bullying legislation. Our children must be encouraged to harass their undesirable classmates, the kids wearing the little purple beanies.

We could take the time to overcome our ignorance and learn that those with the purple hats are more similar to us than we like to think. Though some have problems with our language or have a different sexual orientation, we may learn that they have ambitions, goals and ideals – that they are human beings who love our country and this state. But why bother? Better to treat them like toxic waste and ship them out.

Why stop with immigrants and homosexuals? With this good idea we can double back and pick up the gypsies and the Jews and the blacks and the Catholics. Well, not the blacks, they do not need a purple hat – after all, they are black.

What difference does it make if we precipitate an economic disaster? Who cares that we will lose opportunity for businesses that may have otherwise considered moving to Indiana and for conventioneers who will undoubtedly revel elsewhere? We may not be as economically viable, but at least Indiana will be ours.

Your legislative representatives are going to love this idea. Soon we will have the Indiana we have all been hoping and praying for.•


Mickey Maurer is a shareholder in IBJ Corp., which owns Indianapolis Business Journal.  His column appears every other week. To comment on this column, send email to


  • Imagine my shock
    in discovering this quasi-ffical arm of the elitist judiciary is anti-traditionalist. Forget the purple hats, this editorial marks conservatives with a broad yellow sash. When will we see an editorial likewise lampooning neo-Marists and legal positivists? I will not hold my breath, although I imagine the oh so sophisticated Indy elite wish I did -- until dead.
  • insulting to majority
    When the editorialist says sarcastically that "Hoosiers are white, heterosexual, English-speaking, Christian men and women" it is funny because we do know that Hoosier originally means something like redneck is used today, and, in point of fact yes the settlers and majority population of Indiana have been and possibly still are white heterosexual Chrisitans. I think the author insults the majority with his sarcasm and the implication that the majority is bigoted because it wants to preserve marriage against social engineering and the rights of citizens against overwhelming numbers of illegal immigrants. I find that insulting and I know many others who feel the same.

    Knowing the atmosphere of the day where opinions such as mine and likely the majority of white Christian heterosexuals are mocked as bigotry, I will sign this as Anonymous. But recognize that my opinion is very much shared by many of the same people who give lip service to the politically correct editorial insults such as this for fear of persecution. Our numbers grow as the strident insults mount.
  • Puhleease!
    I know Mickey owns the Indiana Lawyer, but does the editorial staff really have to publish his unfiltered rantings? No one is proposing to institute purple hats or armbands. Can't you articulate an argument OTHER than "my opponent is a Nazi"? Repeatedly setting up and knocking down transparently false straw men, a la your hero, Barry O, is beginning to wear thin. Got anything else?

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  1. Lori, you must really love wedding cake stories like this one ... happy enuf ending for you?

  2. This new language about a warning has not been discussed at previous meetings. It's not available online. Since it must be made public knowledge before the vote, does anyone know exactly what it says? Further, this proposal was held up for 5 weeks because members Carol and Lucy insisted that all terms used be defined. So now, definitions are unnecessary and have not been inserted? Beyond these requirements, what is the logic behind giving one free pass to discriminators? Is that how laws work - break it once and that's ok? Just don't do it again? Three members of Carmel's council have done just about everything they can think of to prohibit an anti-discrimination ordinance in Carmel, much to Brainard's consternation, I'm told. These three 'want to be so careful' that they have failed to do what at least 13 other communities, including Martinsville, have already done. It's not being careful. It's standing in the way of what 60% of Carmel residents want. It's hurting CArmel in thT businesses have refused to locate because the council has not gotten with the program. And now they want to give discriminatory one free shot to do so. Unacceptable. Once three members leave the council because they lost their races, the Carmel council will have unanimous approval of the ordinance as originally drafted, not with a one free shot to discriminate freebie. That happens in January 2016. Why give a freebie when all we have to do is wait 3 months and get an ordinance with teeth from Day 1? If nothing else, can you please get s copy from Carmel and post it so we can see what else has changed in the proposal?

  3. Here is an interesting 2012 law review article for any who wish to dive deeper into this subject matter: Excerpt: "Judicial interpretation of the ADA has extended public entity liability to licensing agencies in the licensure and certification of attorneys.49 State bar examiners have the authority to conduct fitness investigations for the purpose of determining whether an applicant is a direct threat to the public.50 A “direct threat” is defined as “a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services as provided by § 35.139.”51 However, bar examiners may not utilize generalizations or stereotypes about the applicant’s disability in concluding that an applicant is a direct threat.52"

  4. We have been on the waiting list since 2009, i was notified almost 4 months ago that we were going to start receiving payments and we still have received nothing. Every time I call I'm told I just have to wait it's in the lawyers hands. Is everyone else still waiting?

  5. I hope you dont mind but to answer my question. What amendment does this case pretain to?