HJR3 passes committee vote

After moving the proposed constitutional gay marriage ban to a new committee, House Speaker Brian Bosma got what he was searching for — House Joint Resolution 3 will have its day before the full House.

H.J.R. 3 was supported 9-3 by the House Elections and Apportionment Committee at about 8 p.m. Wednesday after hearing more than four hours of testimony from supporters and opponents of the constitutional ban.

“If marriage can mean anything or everything, it means nothing,” Rep. Timothy Wesco, R-Mishawaka, said, voting for the amendment. “Marriage is between a man and a woman.”

The party-lines vote for both the amendment and its accompanying legislation, House Bill 1153, saw all Republicans vote aye and all Democrats vote no, except Rep. Terry Goodin, D-Austin, who was not in session due to a medical emergency.

“When I walked in here today, I can tell you I honestly hadn’t made up my mind,” Rep. Kreg Battles, D-Vincennes, said. “I’ve been married 34 years. I’m proud of that. This has very little to do with if you support or oppose marriage.”

This was the first vote of four this spring required to put the amendment before voters. The amendment reiterates an existing legal ban on same-sex marriage in the state and prevents the creation of a status substantially similar to marriage, such as civil unions.

Throughout the debate, proponents of the amendment have said protecting traditional, heterosexual marriage is in the state’s best interest and the best way to do so is to enshrine it in the constitution, making it harder for future legislatures or courts to overturn.

Meanwhile, opponents have argued the constitutional ban is unnecessary and ambiguity in the amendment’s second sentence — the one banning statuses similar to marriage — could be interpreted down the road to prohibit granting health care and other employment benefits to same-sex domestic partners.

Dispelling that concern is the goal of H.B. 1153, which says the General Assembly did not seek to limit or prevent local ordinances and business decisions that grant some rights to same-sex couples.

The full House of Representatives will vote on H.J.R. 3 and H.B. 1153, although it has not yet been scheduled. After that, a Senate committee and the full state Senate will hear debate and vote.

Should the ban make it over these upcoming hurdles, Hoosier voters will see the issue on a ballot, and the ban could become part of the state constitution.

An earlier version of this story said that Rep. Casey Cox, R-Fort Wayne, said, “If marriage can mean anything or everything, it means nothing." It also incorrectly said he voted against H.J.R. 3. The IDS regrets these errors.