HJR-3 amended, representatives express fears over delay

KRT TRAVEL STORY SLUGGED: INDIANAPOLIS KRT PHOTOGRAPH BY ROBERT CROSS/CHICAGO TRIBUNE (May 14) Indiana's State Capitol is in Indianapolis. A new park, complete with granite fountain, offers a sweeping view of the statehouse. (TB) NC KD 2001 (Horiz) (mvw)
KRT TRAVEL STORY SLUGGED: INDIANAPOLIS KRT PHOTOGRAPH BY ROBERT CROSS/CHICAGO TRIBUNE (May 14) Indiana's State Capitol is in Indianapolis. A new park, complete with granite fountain, offers a sweeping view of the statehouse. (TB) NC KD 2001 (Horiz) (mvw)

Timeline:

May 16, 2011: The Senate passes House Joint Resolution 6 after receiving it from the House. Under the amendment process, it needs to go through a second passage in the same wording before it becomes a ballot issue.

Oct. 8, 2013: Indiana University announces its support for Freedom Indiana, a statewide organization that opposes the same-sex marriage ban.

Nov. 4, 2013: Rival schools DePauw University and Wabash College announces support of Freedom Indiana.

Nov. 15, 2013: President Jo Ann Gora announces Ball State’s decision to join Freedom Indiana. She said in a statement, “I believe Ball State is doing the right and moral thing by expressing opposition to HJR-6, but it is also sound policy that is consistent with our core values.”

Jan. 9: HJR-6 changes to House Joint Resolution 3 when filed in the 2014 legislature.

Jan. 13: The House Judiciary Committee hears four hours of public testimony to make a decision on HJR-3. The committee adjourns without a vote.

Jan. 21: House Speaker Brian Bosma moves HJR-3 to the House Elections and Apportionment Committee.

Jan. 22: The committee passes HJR-3 with a 9-3 vote.

Jan. 27: The Indiana House of Representatives votes to remove the second sentence of HJR-3 in a 52-43 vote.

Source: ballstatedaily.com, The Associated Press, OpenStates.org

House Joint Resolution 3 was amended Monday in a 52-43 vote.

The last sentence of the bill aimed to remove the question of legality of same-sex unions similar to marriage.

If the amended proposal passes the House and the Senate, it could be put to a public vote and would be pushed back to a 2016 ballot.

To a chorus of cheers from marriage equality activists, Indiana’s House Joint Resolution 3 was amended in a 52-43 vote Monday.

Bill’s Progression:

May 16, 2011: The Senate passes House Joint Resolution 6 after receiving it from the House. Under the amendment process, it needs to go through a second passage in the same wording before it becomes a ballot issue.

Oct. 8, 2013: Indiana University announces its support for Freedom Indiana, a statewide organization that opposes the same-sex marriage ban.

Nov. 4, 2013: Rival schools DePauw University and Wabash College announces support of Freedom Indiana.

Nov. 15, 2013: President Jo Ann Gora announces Ball State’s decision to join Freedom Indiana. She said in a statement, “I believe Ball State is doing the right and moral thing by expressing opposition to HJR-6, but it is also sound policy that is consistent with our core values.”

Jan. 9: HJR-6 changes to House Joint Resolution 3 when filed in the 2014 legislature.

Jan. 13: The House Judiciary Committee hears four hours of public testimony to make a decision on HJR-3. The committee adjourns without a vote.

Jan. 21: House Speaker Brian Bosma moves HJR-3 to the House Elections and Apportionment Committee.

Jan. 22: The committee passes HJR-3 with a 9-3 vote.

Jan. 27: The Indiana House of Representatives votes to remove the second sentence of HJR-3 in a 52-43 vote.

Sources: ballstatedaily.com, The Associated Press, OpenStates.org

If the altered amendment clears the House and eventually the Senate, it could restart the clock on the legislative process. Under the amendment process, the same measure must be approved in two consecutive sessions and then by voters. So the proposed ban would be pushed back from making the ballot until 2016 instead of 2014.

HJR-3’s intention is to define marriage in Indiana’s constitution as “between one man and one woman.” The bill previously said, “a legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.” That sentence was removed by Monday’s decision.

The sentence became a sticking point for Indiana legislators, as it appeared to ban domestic partnerships and threatened the legality of current same-sex unions. Opponents had further argued that the language of the second sentence could prevent employers from offering benefits for same-sex couples.

Rep. Kevin Mahan, a Republican from Hartford City, supported the amendment despite his worries that the proposal may not go to voters for two years.

“I believe in having good policy,” he said. “If we cannot understand it in this body, what that second sentence means, how can we expect millions of Hoosiers to understand that in November?”

The amended HJR-3 will go before the General Assembly, and if passed with the second sentence deleted, would not go to voters this November.

Megan Robertson, Freedom Indiana’s campaign manager, issued a statement to encourage voters to defeat HJR-3.

“Stripping the deeply flawed second sentence makes a bad amendment better,” Robertson said. “But we believe this amendment, in any form, has no place in our state’s founding document.”

Indiana House Speaker Brian Bosma made significant steps to insure that the proposed amendment would not fail in committees. He had the bill moved to the House Elections and Appropriations Committee, which changed its name from House Joint Resolution 6 to HJR-3.

“My goals have been met in full,” he said. “I had two commitments. One, that the entire body would have the chance to vote on it. And two, that I wouldn’t ask anybody to vote any way other than their conscience.”

On Sunday, 35 Ball State students volunteered to make phone calls to Indiana residents to urge politicians to defeat HJR-3 in the House.

HJR-3’s history traces back to 2011 when the marriage ban was created. The Indiana Senate originally approved the measure, but it had to receive approval through the House in 2013 or 2014 to send it to a referendum. At that point, it was still called HJR-6.

The House could vote on the amended version as soon as today.

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