Indianapolis Bar Association Announces Opposition To Marriage Discrimination Amendment

The Indianapolis Bar Association last week surveyed its membership for their views on HJR-3, the proposed constitutional amendment that would add to the state's Bill of Rights a provision outlawing legal recognition of same-sex marriages or civil unions despite the fact that the state's Defense of Marriage Act already bars legal recognition of same-sex marriages. The bar membership overwhelmingly expressed opposition to the amendment, with 73.1% against to just 5.4% favoring it. About one-fifth of the 2,196 Indianapolis area attorneys who responded to the survey thought the organization should remain neutral. According to the association, the participation rate in the survey was the highest survey response rate in the organization's history. The organization's board explains its position:

Considering these survey results and the Board's review of the proposed amendment and companion legislation, the Indianapolis Bar Association opposes passage of the proposed amendment and legislation.  First, based on Indiana constitutional history and precedent, the content of this amendment stands out as inappropriate.  In the 163 year history of the State's constitution, it has been amended on subjects such as term limits, taxation, governmental structure, elections, and courts. Prior amendments dealt with what government could and could not do, and how the government is to be formulated and operated, not the regulation of its individual citizens. Second, members of the Indianapolis Bar Association expressed great concerns about the unintended consequences upon potentially hundreds of Indiana laws if HJR-3 is passed and ratified, including those in the areas of family law, criminal law, employment law, health care law, and tax law. This uncertainty would likely lead to an interruption in the administration of justice, years of litigation and significant expense for individual citizens and Indiana businesses.