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Indiana House panel considers constitutional ban on gay marriage

Mon. January 13, 2014

Indianapolis, IN - An Indiana House panel on Monday held a hearing to consider a proposed constitutional amendment which seeks to limit marriage to heterosexual couples.

The 13-member House Judiciary Committee adjourned after hearing two-and-a-half hours of testimony without voting on HJR-3, formerly HJR-6.



Rep. Eric Turner, a Republican from Cicero, introduced the measure in 2011. It easily cleared the House and Senate, both of which are controlled by Republicans. However, a second vote is needed before the amendment can head to voters in November.

Turner recently introduced a companion bill (House Bill 1153) to respond to questions over the measure's broad language. The bill states that it is not the Legislature's intent to block private employers from extending domestic partnership benefits to their gay and lesbian workers.



Peter J. Rusthoven, a partner at Barnes & Thornburg, testified that the amendment's language creates substantial uncertainty and that the companion bill invites judicial skepticism, because a newly elected Legislature cannot interpret the legislative intent of previous lawmakers.

Opponents of the measure testified that it was unnecessary since Indiana law already bans same-sex marriage recognition and that it would hurt the state's business climate.

(Related: Indiana Gov. Mike Pence to address anti-gay marriage group.)

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