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Amendment Banning Same-Sex Marriage Gets Senate OK

Proposal Expected To Die In House

POSTED: 3:53 pm EST January 29, 2008
UPDATED: 6:44 pm EST January 29, 2008

The GOP-controlled Indiana Senate approved a proposal to amend the state's constitution to ban same-sex marriage, but the effort was expected to die in the Democrat-led House.

State Sen. Brandt Hershman, the resolution's sponsor, said Senate passage would give House members a chance to act on the measure if they choose. But a key House committee chairman has said he won't give the issue a hearing.

The Senate voted 39-9 in favor of the resolution Tuesday, with supporters saying the issue should be left to voters, not courts.

"It should be a matter brought before the people of the state of Indiana," said Hershman, R-Wheatfield.

State law already bans gay marriage, but supporters of the proposal say an amendment is needed to prevent court challenges from allowing them.

Opponents say the amendment is not needed, and some Indiana companies worry that the legislation could jeopardize their ability to offer domestic partner benefits and recruit highly skilled workers.

Rep. Scott Pelath, a Democrat from Michigan City who chairs the House Rules Committee, has said he is not planning a hearing on the issue because it is not a priority this session, which has been dominated by property tax reform plans. House Speaker Patrick Bauer, D-South Bend, has said repeatedly that same-sex marriages are already banned under Indiana law and that he doesn't know of any gay marriages in the state.

Resolution supporters want lawmakers to pass the measure this year so it can be on the ballot in 2010. Amending Indiana's constitution requires a resolution to pass consecutive, separately elected General Assemblies and then be approved in a statewide vote.

The Legislature first approved the proposal in 2005 but it failed to pass last session. If the bill does not pass this year, the process must begin anew, and the earliest it could be on the ballot for voters to have the final say is 2012.

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