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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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