• Supporters of House Joint Resolution 6, a proposed amendment that would ban same-sex marriage in Indiana’s constitution, believe they still have enough support to pass the bill.
• The Indiana General Assembly may address the issue soon, as the most recent session began Tuesday.
• Opposition to the proposition has been spread throughout the state and includes state representatives, private businesses and universities
Supporters of a state constitutional amendment to block same-sex marriage and civil unions say they can still win, despite public opinion against them and a growing lineup of major companies and others opposed.
The Indiana General Assembly is expected to address proposed House Joint Resolution 6 this session, which began Tuesday. Amendments must pass two consecutive legislatures with identical language before going to the public for a statewide vote. The measure passed in 2011 and if passed this year, it would appear on November ballots. If it doesn’t pass, the process would have to start over.
The amendment states: “Only a marriage between one man and one woman shall be valid or recognized as a marriage in Indiana. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.”
Same-sex marriage is already against the law in Indiana, but HJR-6 supporters want the constitutional amendment to prevent a future court ruling that could strike down the law.
Micah Clark of the American Family Association of Indiana has helped lead the amendment supporters.
“I would much rather have the people of Indiana decide this issue than one unelected judge forcing a new view of marriage on every church, school and business in the state,” he said.
AFAI sends weekly newsletters to donors and sends emails to thousands of people who register on its website. The organization encourages people to contact lawmakers and share their opinions.
Leading the opposition is Freedom Indiana, which began a massive campaign in August and believes the amendment “defies our reputation for Hoosier hospitality,” said campaign leader Megan Robertson.
“[Indiana relies] on our legislators to make good decisions for the future of our state, and there’s no reason why something as divisive as this should even be talked about as part of our state’s founding document.”
Freedom Indiana hosted a young professionals meeting in November at Bourbon Street Distillery, a downtown Indianapolis bar two blocks from the Statehouse. The meeting featured appearances by Rep. Sean Eberhart, R-Shelbyville, and Rep. Justin Moed, D-Indianapolis.
Eberhart voted to support the bill in 2011, but has since changed his stance.
“Public opinion on the issue no longer supports it,” he said. “The language takes rights away from a specific group, and that language doesn’t belong in the constitution.”
After Eberhart switched sides, the AFAI’s political action committee and others paid for a full-page attack ad in The Shelbyville News.
The ad’s headline read: “Rep. Sean Eberhart says it’s ‘very troubling’ for Hoosiers to be able to vote on marriage.”
Eberhart said he’s been in public life too long to be bothered by the ad.
“It was paid for by groups that have no connection to my district,” he said. “In my mind, that doesn’t carry nearly as much weight as the people I represent.
“I’ve had a greater number of calls of support on my position than against my position, a majority from the people I represent.”
Clark said the ad was prompted by more than just a change in Eberhart’s position.
“He didn’t simply say, ‘I’m going to change my vote now; I’ve changed my opinion,’” Clark said. “He went on to say that anybody who supports the union of a man and a woman and believes that men and women are different and that children need a mom and a dad are bigots. And he called them hateful.”
Clark’s comments baffled Eberhart, who said he never made such remarks.
“That’s not even close to what I said,” Eberhart said. “It’s too bad he can’t use the facts to support his side of the argument.”
In any case, the campaigns and politics surrounding the bill should not detract from the bill’s real issue, he said.
“We really need to make sure that we’re focused on the true issue, which is whether or not the language belongs in the constitution,” Eberhart said. “In my mind, it’s an overstep for the government to get involved.”
Regardless of their stances, Eberhart, Clark, Moed and Robertson encourage Hoosiers to call or write their representatives to make their voices heard.
The bill’s future is unknown, even with an increase in HJR-6 opponents. An indication of what will happen should occur this month, said Ed Feigenbaum, an attorney and longtime Statehouse observer who runs INGroup, publisher of several newsletters on public policy.
Clark said he hopes that voters will get the final say.
“Our bottom line is that this issue has been debated in the Indiana General Assembly for nearly 12 years off and on,” he said.
“It’s time for the people to decide this issue.”
MARG: Opposition to HJR-6
The news has been bad for House Joint Resolution 6 since the summer:
-Fifty-eight percent of state residents oppose the amendment, according to the 2013 Hoosier Survey conducted by Ball State in October.
-Indiana University, Ball State, Butler, Wabash, DePauw, IUPUI, University of Evansville, University of Indianapolis and Indiana State have all expressed opposition. Purdue, led by former GOP Gov. Mitch Daniels, took no official action, though the school’s Faculty Senate voted against the proposal.
-Eli Lilly, Cummins, WellPoint and other major companies have all expressed opposition, joined by the Indiana Chamber of Commerce.
-Also against HJR-6 are more than a dozen mayors, including those from Indianapolis, Fort Wayne, South Bend and Hammond.
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