Senate stalls same-sex marriage vote

The Indiana Senate delayed voting on House Joint Resolution 6 on Wednesday, which would amend Indiana’s constitution to ban same-sex marriage.

The Senate will vote on the amendment, sponsored by Rep. Eric Turner, R-Cicero, this week.

Several Indiana residents testified at the Tuesday hearing.

IU associate law professor Deborah Widiss and representatives from Indiana companies Eli Lilly and Co. and Cummins, Inc., testified against the amendment.
Representatives from the Alliance Defense Fund and the American Family Association of Indiana testified in favor of the amendment.

Consideration of the bill also sparked a Monday rally  against the adoption of the constitutional amendment.

Widiss testified that “HJR-6, as drafted, is vague, and may therefore have unintended consequences.”

She named the ban of benefits for domestic partners and the recognition of civil unions as possible effects.

“Even individuals who are firmly opposed to same-sex marriage should not vote for the amendment because it is unnecessary and could have unintended and unfortunate consequences,” Widiss said.

She said the amendment is unnecessary because Indiana law already prohibits same-sex marriage.

In 1997, Indiana passed a Defense of Marriage Act, which defined marriage as between one man and one woman. The act also prohibits Indiana from recognizing same-sex marriages that are legal in other states.

In 2005, an Indiana court of appeals declared DOMA constitutional.

This is not the first time Indiana has attempted to constitutionally ban same-sex marriage.

The General Assembly voted for this amendment in 2005. However, the amendment was not passed the following year.

The Indiana House of Representatives passed the amendment last month.
If the Senate passes the amendment, it will have to be approved by the next General Assembly in 2013 and 2014. Hoosiers would then vote on the amendment in a 2014 referendum.

Micah Clark, spokesperson for the AFAI, said amending the constitution is a crucial step to protect the current same-sex marriage ban.

Clark said people, not courts, should decide whether to permit same-sex marriage.

“Two-thirds of the states have amended their constitutions because of the legal challenges that have occurred,” Clark said. “For example, Iowa had a law similar to ours (and then) had same-sex marriages forced on them by the courts.”

Rick Sutton, member of the board of directors for Indiana Equality, said opposing this amendment is “front and center” for his organization.

“Now the opponents want to grind their boot heels into us until it’s taken out,” Sutton said, referring to the 1997 DOMA law currently on the books. “We vigorously object.”