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Senate gets resolution on marriage, civil unions

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The Senate Judiciary Committee spent most of its time this week discussing the definition of marriage in Indiana and whether a constitutional amendment should be sent to voters to make it tougher for courts and legislators to rewrite how they handle both gay marriage and civil unions.

Committee members heard about two hours of testimony Wednesday in the Senate chambers before passing Senate Joint Resolution 13 by a 6-4 vote along party lines. It now moves to the full Senate for consideration.

Authored by Sen. Carlin Yoder, R-Indianapolis, SJR 13 would create a constitutional definition of marriage being between a man and woman. It also would say that "a legal status identical or substantially similar to that of marriage for unmarried individuals" wouldn't be recognized legally. A similar marriage amendment failed to pass the last legislative session and as a result never went before the voters.

The language in this Senate resolution mirrors what's proposed in House Joint Resolution 5, which was introduced by Rep. Bill Davis, R-Portland, and remains in the Committee on Rules and Legislative Procedures.

At the recent committee meeting, lawmakers heard heated testimony from both sides and delved into a myriad of topics such as equal protection and discrimination, business competition, and religious practice as it applies to everyone in the state.

Yoder told his colleagues that this measure is more strictly focused on civil unions than it was in the past and is specifically aimed at stopping what some describe as "counterfeit marriages" between the same-sex couples. The constitutional amendment is needed now because of legal challenges that have materialized in other states, and Indiana should take the step that 30 other states have done, he said.

Supporters said it would have no effect on domestic-violence laws or domestic-partner benefits, as well as no influence on contractual arrangements or adoptions. This puts into the constitution what's already been in place in Indiana for more than two decades: the Marriage Defense Act, or Indiana Code 31-11-1-1. And by amending the constitution, it would stop any challenges that could be interpreted differently by the Indiana judiciary, or any action legislators could take in repealing or revising that state statute.

"Homosexuals can still marry ... they just have to marry someone of a different sex," said Terre Haute attorney James Bopp, who is involved in several high-profile anti-gay-rights cases including the California one involving Proposition 8. "We shouldn't wait for that fanciful case that's going on in California. We should take the step to protect (marriage) against our state courts from seizing control of this issue against the will of the people."

But J.T. Forbes, state government relations director for Cummins, said the business world disagrees about the possible impact and doesn't support the resolution.

"We embrace diverse perspectives ... but this sends the message that Indiana doesn't welcome people of all backgrounds, and it can be perceived as intolerant of diversity," he said, adding that 87 percent of companies ban sexual-orientation discrimination and 67 percent offer domestic-partner benefits in some fashion. "We worry that this amendment would force us to scrap those benefits and send the message that discrimination based on sexual orientation is OK."

More than a dozen people testified at the hearing, including American Civil Liberties Union of Indiana Executive Director Gil Holmes in opposition, attorneys with varying viewpoints, a Kentucky lawmaker who'd been a part of that jurisdiction's adoption of a similar amendment, and priests and parents on both sides of the issue.

Voting for the bill: Sen. Richard Bray, R-Martinsville; Sen. Joe Zakas, R-Granger; Sen. Randy Head, R-Logansport; Sen.Travis Holdman, R-Markle; Sen. Scott Schneider, R-Indianapolis; and Sen. Brent Steele, R-Bedford.

Sens. Greg Taylor, D-Indianapolis; Lonnie Randolph, D-East Chicago; Tim Lanane, D-Anderson; and John Broden, D-South Bend voted against the measure. Sen. Ron Alting, R-Lafayette didn't vote.

Explaining their votes, Randolph indicated he'd changed his vote based on the testimony he heard, and Lanane said he was specifically against it because of the civil-union impact and the economic impact this could have. Taylor said he felt this measure is discriminatory and ties the hands of future generations.

"Who am I to decide what makes everyone else happy?" Randolph said, noting that he supports a marriage between one man and woman. "I can see the underlying effects of what this could mean, and I can't interject my personal feelings and thoughts onto how you feel."

If SJR 13 passes the Senate and House this session, it would still need to be approved during the 2011 session before it could be put on the ballot for voters to decide.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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