Zombie HJR-3: Out-of-state groups want to force HJR-3 onto 2014 ballot

According to RTV-6 News – Group may force HJR-3 on 2014 ballot:

Posted: 02/19/2014 Rafael Sanchez
INDIANAPOLIS – A national pro-marriage group is considering whether to take legal action to force HJR-3 on the Indiana ballot in November 2014.

The measure came to a halt on Monday, when the Senate did not return the bill its original status, in which it would impact civil unions.

The National Organization for Marriage tells RTV6 that they met with the House Speaker Brian Bosma on Friday.

“We are building a coalition of the willing and looking for legislators who are willing to join in this task,” said Chris Plante, regional director of NOM.

“We understand it will be heavy lifting, but if we all work together, we believe we have the law on our side. And we believe HJR-3 should go to the people in November 2014 as was promised by legislature on multiple occasions,” said Plante.

Nevermind what Hoosiers want; out-of-state interests are weighing in on what should happen in Indiana, which is at odds with their “states should decide marriage” stance. But anti-gay groups have never been big on consistency.

Continue ReadingZombie HJR-3: Out-of-state groups want to force HJR-3 onto 2014 ballot

The End of HJR-3 for 2014 (with some thoughts on HB-1153)

Because in the past, I’ve been terrible about writing down the follow-up of the Indiana Marriage Discrimination Amendment, here’s a wrap-up post in case this comes up again in two years – HJR-3 passed through the state legislature, but we essentially “won” because we succeeded in keeping it off the ballot in 2014.

After my January 24th post, the amendment moved to the floor of the House of Representatives on January 27th. Stephanie and I attended the hearing at the Statehouse for that event, where they opted to remove the second sentence of the bill:

“A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.”

The amendment now reads only “Only a marriage between one (1) man and one (1) woman shall be valid or recognized as a marriage in Indiana.”

This is significant because the second sentence had significant problems of interpretation that made it possible to discriminate against anything that resembled a domestic partnership, and threatened things like powers of attorney, living wills and directives, the ability to visit a same-sex partner in the hospital and other ramifications. Similar language in other states’s bills (Ohio, Kentucky) created problems for same-sex couples.

The companion bill – HB 1153, which was intended to “explain the legislative intent” of the second sentence died quietly in the House of Reps because it was no longer relevant. Did I ever post the content of HB-1153? I don’t recall. But here it is, and it reads as a roster of why the second sentence was a problem:

House Bill 1153
House Bill (H)
Authored by: Rep. P Eric Turner

Introduced Version
HOUSE BILL No. 1153
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 1-1-5.6.
Synopsis: Marriage amendment ballot language. Requires that the question of approval of the constitutional amendment concerning marriage proposed by the 117th general assembly be placed on the 2014 general election ballot if the amendment is agreed to by the 118th general assembly. Prescribes the ballot language for the question. Describes the legislative intent of offering the constitutional amendment.
Effective: Upon passage.

Turner, Thompson
January 9, 2014, read first time and referred to Committee on Judiciary.

HOUSE BILL No. 1153
A BILL FOR AN ACT to amend the Indiana Code concerning marriage.
Be it enacted by the General Assembly of the State of Indiana:

SECTION 1. IC 1-1-5.6 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:

Chapter 5.6. Marriage Amendment to the State Constitution
Sec. 1. As used in this chapter, “marriage amendment” refers to any amendment to Article 1 of the Constitution of the State of Indiana concerning marriage that was proposed by the one hundred seventeenth general assembly (P.L.231-2011) and agreed to by the one hundred eighteenth general assembly.

Sec. 2. The general assembly intends and establishes that the purpose of the marriage amendment is to restrict the state, through legislative, executive, or judicial action, from creating or recognizing a legal status between unmarried individuals equivalent or substantially similar to marriage between one (1) man and one (1) woman. The first sentence of the marriage amendment prohibits the recognition of marriage between persons other than one (1) man and one (1) woman. The second sentence of the marriage amendment prohibits the state from circumventing the mandate of the first sentence by creating or recognizing a legal status equivalent or substantially similar to marriage by a different name.

Sec. 3. The general assembly intends and establishes that the marriage amendment does not prohibit or restrict in any way:

(1) the extension of employment benefits by private sector employers, political subdivisions of the state, or state educational institutions to any beneficiary designated by an employed individual;

(2) the adoption and enforcement of local ordinances granting to any category or class of persons equal opportunities for education, employment, access to public conveniences, access to accommodations, or acquisition of property or to rent property;

(3) an individual from entering into or enforcing terms of a power of attorney, a will, a trust, or another similar lawful agreement or instrument (regardless of name) established for the benefit of another person;

(4) an individual from giving or enforcing a lawful consent or other instrument (regardless of name) that grants powers, rights, or privileges to, imposes obligations on, or provides for the use by or transfer of property to another person;

(5) the protections provided under Indiana’s domestic violence laws or who may qualify for protection from domestic violence; or

(6) action by the general assembly to protect or provide for the property, health, or safety of unmarried persons by appropriate legislation.

SECTION 2. [EFFECTIVE UPON PASSAGE] (a) If the amendment to Article 1 of the Constitution of the State of Indiana concerning marriage proposed by the one hundred seventeenth general assembly (P.L.231-2011) is agreed to by the one hundred eighteenth general assembly, the amendment shall be submitted to the electors of the state at the 2014 general election in the manner provided for the submission of constitutional amendments under

IC 3.
(b) Under Article 16, Section 1 of the Constitution of the State of Indiana, which requires the general assembly to submit constitutional amendments to the electors at the next general election after the general assembly agrees to the amendment referred to it by the last previously elected general assembly, and in accordance with IC 3-10-3, the general assembly prescribes the form in which the public question concerning the ratification of this state constitutional amendment must appear on the 2014 general election ballot as follows:

“PUBLIC QUESTION #1
Shall the Constitution of the State of Indiana be amended by adding the following language to Article 1:

“Section 38. Only a marriage between one (1) man and one (1) 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.”?”.

(c) This SECTION expires July 1, 2017.

SECTION 3. An emergency is declared for this act.

HB-1153 came about to assuage the objections of many legal scholars who had studied the HJR-3 second sentence and its potential effects and pointed out unintended consequences that had already played out in other states with similar language, or that could be raised in Indiana.

The difficulty is that this bill had no teeth at all – it was a piece of legislation, but HJR-3 was an amendment to the Indiana constitution, where it held sway over this bill and potentially trumped it. HB-1153 could be repealed at any time, leaving the full force of the second sentence un-“interpreted” intact to be carried out.

I wonder how much of an impact reading this bill had, actually, on our state legislators. It surely indicated in plain language the many ways that HJR-3 could be interpreted negatively in ways that were punitive toward same-sex couples by our legal system, and spelling out potential discrimination based on HJR-3 that starkly is pretty damning. It may have been intended to remove the sting of HJR-3’s “second sentence” but I think it probably had the opposite effect in that it highlighted all that could go wrong.

After the second sentence of HJR-3 was removed from that bill in the House, HB-1153 was no longer relevant and passed into oblivion a few days later.

The removal of the second sentence in the House was very exciting because it meant that it would be much harder to to get the Indiana Marriage Discrimination Amendment onto the ballot this fall in time for 2014 elections. It would have to be put back into the bill by the Indiana Senate and then voted on by both the Senate and the House before voters could see it.

So the bill passed to the Indiana Senate Rules Committee on February 13th, where they declined to hear any amendments to add the second sentence back in.

Senate Hearing Rules Committee

There was great drama surrounding the Rules Committee hearing because the GOP caucus met ahead of the hearing, and Senator Mike Delph from Carmel tweeted the results of the caucus meeting – that there were not enough votes to put the second sentence back in – before the hearing happened, alerting the crowd to what was going to happen.

That didn’t sit well with Senator President Pro Tem David Long, the caucus head. It’s bad form for caucus members to reveal caucus business.

Then as the committee began to meet, they opened with an anti-gay prayer by William Hunt, New Life Church, invited by Senate chaplain.

The bill sailed through the committee as is, first sentence only, very quickly, although it was noted by many people that this was considered impossible even six months ago:

Senator Mike Delph went on to spend the weekend tweeting his anger about the GOP caucus electing not to add the second sentence back into the bill, and delivering rather passionate lectures on god, same-sex marriage and the responsibilities of Indiana churches to back legislative efforts.

It was a very entertaining weekend, and I make sure to screen-cap all of it for posterity.

After that great drama, on Monday, January 17th, the Senate passing the amended version of HJR-3, still without the second sentence, through the full Senate.

This was the vote count:

yea nay vote sheet hjr3

The passage almost seemed anti-climatic, except for some really great speeches delivered by Senators on the floor – Jean Breaux, Karen Tallian, Jim Arnold, Tim Lanane, and Greg Taylor all spoke passionately against HJR-3. It was cathartic to hear them. At the end…

Ultimately, HJR-3 isn’t dead. It still could be passed through another state legislature in 2015 or 2016 and be on the ballot in 2016. I’m not sure which version could or would be considered, so it’s worth keeping the text of HB-1153 around in order to remind people about that second sentence and what it could do.

It does seem a lot less likely that the amendment will pass in 2016 with several federal legal battles on the horizon, though.

Washington Post – Race on same-sex marriage cases runs through Virginia:

The Supreme Court’s ruling in United States v. Windsor is confronting judges with a paradox. On the one hand, the opinion written by Justice Anthony M. Kennedy and joined by the court’s four liberals noted that defining marriage is traditionally a power reserved for the states.

On the other, the opinion dismissed Congress’s arguments as to why the federal government should recognize only traditional definitions of marriage. It said the arguments were mostly window dressing for unlawful prejudice based on sexual orientation.

State courts and federal judges have embraced that latter reasoning to trump the rights of states, and bans on same-sex marriage have been found unconstitutional since June in New Jersey, New Mexico, Oklahoma and Utah. The Utah and Oklahoma decisions are being appealed to the U.S. Court of Appeals for the 10th Circuit, based in Denver.

In effect, said William Baude, a law professor at the University of Chicago who follows the issue, the majority’s language in Windsor has been viewed as “permission” for judges “who might already have been inclined” to believe there is a constitutional right to marry.

Given this, 2015 and 2016 are going to be really interesting years, politically.

Continue ReadingThe End of HJR-3 for 2014 (with some thoughts on HB-1153)

How Marriage Equality Opponents’ Three National Strategies All Contradict Each Other

From Think Progress: How Marriage Equality Opponents’ Three National Strategies All Contradict Each Other.

At the federal level, opponents currently have three proposed strategies for rolling back some of the recognition that same-sex couples now have. Particularly in the wake of the Utah and Oklahoma decisions, groups like the National Organization for Marriage (NOM) and Family Research Council (FRC) have been emphasizing two talking points: that states should have the right to establish their own definition of marriage and that the religious views of people who oppose marriage equality should be protected. Each of the three proposed strategies would limit same-sex marriage to a certain extent according to these talking points, but the principles that inform each strategy are in conflict with each other.

Good read for understanding the strategy. Or lack thereof.

Continue ReadingHow Marriage Equality Opponents’ Three National Strategies All Contradict Each Other

HJR-3 to be heard in the Indiana House Monday at 1:30 p.m.

After some committee shenanigans, (in which Brian Bosma moved the bill from House Judiciary committee to the Elections and Apportionment committee when it became clear that it wouldn’t pass the first one) HJR-3 passed out of committee on Wednesday, and will be heard on the floor of the Indiana House on Monday at 1:30 p.m.

If you want to hear a recording of the very moving testimony in the committee, there is a recording of the 4+ hour proceeding here.

Please contact your state representative, and ask them to reject HJR-3.

Here is some information on packing the State House. Stephanie and I will be there to join other Indiana citizens asking legislators to vote no on the bill, and we would love it if you came with us.

If you’d like to contact all of the state legislators in the house and not just your own, here is a cut and paste list of house email addresses. TIP: put addresses in the bcc box – that way, each recipient sees only their email address, not all 100.
h1@iga.in.gov, h2@iga.in.gov, h3@iga.in.gov, h4@iga.in.gov, h5@iga.in.gov, h6@iga.in.gov, h7@iga.in.gov, h8@iga.in.gov, h9@iga.in.gov, h10@iga.in.gov, h11@iga.in.gov, h12@iga.in.gov, h13@iga.in.gov, h14@iga.in.gov, h15@iga.in.gov, h16@iga.in.gov, h17@iga.in.gov, h18@iga.in.gov, h19@iga.in.gov, h20@iga.in.gov, h21@iga.in.gov, h22@iga.in.gov, h23@iga.in.gov, h24@iga.in.gov, h25@iga.in.gov, h26@iga.in.gov, h27@iga.in.gov, h28@iga.in.gov, h29@iga.in.gov, h30@iga.in.gov, h31@iga.in.gov, h32@iga.in.gov, h33@iga.in.gov, h34@iga.in.gov, h35@iga.in.gov, h36@iga.in.gov, h37@iga.in.gov, h38@iga.in.gov, h39@iga.in.gov, h40@iga.in.gov, h41@iga.in.gov, h42@iga.in.gov, h43@iga.in.gov, h44@iga.in.gov, h45@iga.in.gov, h46@iga.in.gov, h47@iga.in.gov, h48@iga.in.gov, h49@iga.in.gov, h50@iga.in.gov, h51@iga.in.gov, h52@iga.in.gov, h53@iga.in.gov, h54@iga.in.gov, h55@iga.in.gov, h56@iga.in.gov, h57@iga.in.gov, h58@iga.in.gov, h59@iga.in.gov, h60@iga.in.gov, h61@iga.in.gov, h62@iga.in.gov, h63@iga.in.gov, h64@iga.in.gov, h65@iga.in.gov, h66@iga.in.gov, h67@iga.in.gov, h68@iga.in.gov, h69@iga.in.gov, h70@iga.in.gov, h71@iga.in.gov, h72@iga.in.gov, h73@iga.in.gov, h74@iga.in.gov, h75@iga.in.gov, h76@iga.in.gov, h77@iga.in.gov, h78@iga.in.gov, h79@iga.in.gov, h80@iga.in.gov, h81@iga.in.gov, h82@iga.in.gov, h83@iga.in.gov, h84@iga.in.gov, h85@iga.in.gov, h86@iga.in.gov, h87@iga.in.gov, h88@iga.in.gov, h89@iga.in.gov, h90@iga.in.gov, h91@iga.in.gov, h92@iga.in.gov, h93@iga.in.gov, h94@iga.in.gov, h95@iga.in.gov, h96@iga.in.gov, h97@iga.in.gov, h98@iga.in.gov, h99@iga.in.gov, h100@iga.in.gov

Carol Trexler testifying
Carol is undergoing chemo for cancer and came to the Statehouse after going through chemo that morning. She testified about having to have her healthcare paperwork with her at all times because hospital workers don’t recognize her wife as a health care representative.
Staff Sgt. Scott Spychala Removed from Hearing
Staff Sgt. Scott Spychala, a 20-year veteran of the US armed forces, was removed from the hearing for giving a silent “thumbs down” signal at the lies being told during testimony from the proponents of HJR-3

A fine way to thank someone for serving his country
More info on Staff Sgt. Scott Spychala and his silent protest.

HPI Analysis: Bosma defends 2d sentence, McNamara opposes
NASHVILLE, Ind. – The second sentence of the constitutional marriage amendment has been endorsed by House Speaker Brian Bosma, while State Rep. Wendy McNamara is saying she won’t vote for the resolution if it remains. “If an amendment were to be brought up to remove the second sentence I will fully support this resolution,” said McNamara, R-Mount Vernon, in a prepared statement. “If the second sentence remains, I will not support the resolution.”

How Indiana’s Proposed Marriage Referendum Would Devastate The Gay Community
Psychologists have studied the emotional impact of marriage referendums like our on same-sex couples and their families and determined that the level of stress in inflicts is terrible.

To celebrate the hate, Governor Mike Pence threw a special luncheon for the supporters of HJR-3 to congratulate them.

Brian Bosma and the Marriage Amendment

How a Bill Shouldn’t Become a Law – Sheila Kennedy
Regarding HJR3 – “Even more incredibly, the Speaker has scheduled the new committee’s vote for tomorrow. The vote will be taken without the benefit of evidence or testimony–but then, as we’ve seen, the Speaker considers evidence and testimony irrelevant. The only thing committee members need to to know is what the Speaker wants them to do. Usually, the power plays and the wheeling/dealing is done behind the scenes. This time, that wasn’t possible. This time, everyone got to see what is seldom on public display: the House leadership’s absolute contempt for democracy and the rules of fair play.”

Continue ReadingHJR-3 to be heard in the Indiana House Monday at 1:30 p.m.

The Pope’s “new stance” on homosexuality

Let me do the TL;DR up front – it’s the same as the old stance.

Several new stories have come out today about a recent interview Pope Francis did where he expanded on his comments from July on homosexuality and women’s roles in the church. I’ll link to some articles about what he had to say in a moment, but first I want to say this – my issue with what he’s saying is the same as it has been since July – it’s all PR and no substantive change. The articles note specifically that “The pope’s comments don’t break with Catholic doctrine or policy, but instead show a shift in approach, moving from censure to engagement” and that “The catechism, the Catholic Church’s book of official doctrine, condemns homosexual acts, but says gays and lesbians ‘must be accepted with respect, compassion, and sensitivity.'”

That is not real change. Not at all. For gay people, we need concrete, specifics, and here’s why:

Here’s the story, for the first time I’ve ever told it in any explicit detail, on why I quit attending the Catholic Church just after college, way back in the dark ages, back in 1992. At that time, I went directly to the priest that was in charge of my mother’s church and asked him straight out what the church’s policy on gay people was. I had begun “coming out” in 1987, and in the years after that I fought with my mom tooth and nail over going to church. In July of 1992, this specific paper was released by John Paul II on gay people and the Catholic church [Some Considerations Concerning The Response To Legislative Proposals On The Non-Discrimination Of Homosexual Persons] and it was discussed in some of the gay newspapers at the time. I looked it up at the library, made a copy of it, and took it to the priest of my mom’s church Our Lady of Grace in Noblesville, Indiana. This specifically bothered me:

1. The letter recalls that the CDF’s “Declaration on Certain Questions Concerning Sexual Ethics” of 1975 “took note of the distinction commonly drawn between the homosexual condition or tendency and individual homosexual actions”; the latter are “intrinsically disordered” and “in no case to be approved of” (No. 3).

2. Since “[i]n the discussion which followed the publication of the (aforementioned) declaration …, an overly benign interpretation was given to the homosexual condition itself, some going so far as to call it “neutral or even good,” the letter goes on to clarify: “Although the particular inclination of the homosexual person is not a sin, it is a more or less strong tendency ordered toward an intrinsic moral evil; and thus the inclination itself must be seen as an objective disorder. Therefore special concern and pastoral attention should be directed toward those who have this condition, lest they be led to believe that the living out of this orientation in homosexual activity is a morally acceptable option. It is not” (No. 3).

I told the priest that I was gay, that I intended to fall in love with and marry a woman someday. I wanted to know, specifically, what that meant in relation to the church.

The priest told me, straight up: “You will not be welcome in the church if you maintain a sinful lifestyle without any remorse or desire to change your behavior. We expect you to not engage in sexual behavior with women, to confess to your sins in confession, do penance for them, and to be celibate before you would be allowed to take communion. If you don’t, you will be able to attend mass with your family on holidays, but you won’t be allowed to take communion. If you regularly attend church without going to confession or renouncing your sinful behavior, we wouldn’t continue to welcome you in the church on a weekly basis, and we would ask you to stop attending.”

That told me everything I needed to know about where I stood with the Catholic Church, and other than attending on holidays with my family for the sake of family harmony, I haven’t been back.

This is still the Catholic Church’s position.

Nothing in the interviews Francis has given in July or now changes what I was told by my priest back in 1992. What Francis is saying is basically “Don’t ask, don’t tell.” They aren’t going to inquire what I’m doing with my wife under the covers, but it’s still considered a sin. My wife and I still aren’t considered a family to them, and if we were a part of the church, they would expect us to keep our relationship on the downlow. I imagine if I went to confession and told them that I regularly have sex with my wife, they would be forced to confront the issue somehow, and what would come out of it would be exactly what I was told back in 1992, more or less. They might not tell me never to come back, but they would still think my romantic relationship with my wife is a sin.

CNN’s coverage of the interview:

Pope Francis said the church has the right to express its opinions but not to “interfere spiritually” in the lives of gays and lesbians, expanding on explosive comments he made in July about not judging homosexuals.

In a wide-ranging interview published Thursday, the pope also said that women must play a key role in church decisions and brushed off critics who say he should be more vocal about fighting abortion and gay marriage.

Moreover, if the church fails to find a “new balance” between its spiritual and political missions, the pope warned, its moral foundation will “fall like a house of cards.”

And a summary of his remarks from the New York Times:

Pope Francis, in the first extensive interview of his six-month-old papacy, said that the Roman Catholic Church had grown “obsessed” with preaching about abortion, gay marriage and contraception, and that he has chosen not to speak of those issues despite recriminations from some critics.

In remarkably blunt language, Francis sought to set a new tone for the church, saying it should be a “home for all” and not a “small chapel” focused on doctrine, orthodoxy and a limited agenda of moral teachings.

“It is not necessary to talk about these issues all the time,” the pope told the Rev. Antonio Spadaro, a fellow Jesuit and editor in chief of La Civiltà Cattolica, the Italian Jesuit journal whose content is routinely approved by the Vatican. “The dogmatic and moral teachings of the church are not all equivalent. The church’s pastoral ministry cannot be obsessed with the transmission of a disjointed multitude of doctrines to be imposed insistently.

“We have to find a new balance,” the pope continued, “otherwise even the moral edifice of the church is likely to fall like a house of cards, losing the freshness and fragrance of the Gospel.”

Pope Francis

As I was going over this post, I did a bit of looking through things I’ve written or noted here on this blog about the Catholic Church and the crazy, offensive and hostile things they’ve done over the years. Here’s a short list of bullshit the Catholic Church has been up to in the time I’ve been keeping this blog… Interesting how much Pope Francis’s new statements resemble that link that I posted in November of 2006.

Continue ReadingThe Pope’s “new stance” on homosexuality

What DOMA means for Indiana: nothing changes, but everything changes

I have not yet begun to fight

Both the ACLU (our friends!) and the Indiana branch of the American Family Association (not our friends at all!) are noting that the DOMA decision by the Supreme Court doesn’t have any direct effect on same-sex marriage in Indiana, according to the Indy Star.

Indiana has a law on the books banning same-sex marriage, and a marriage discrimination amendment (HJR-6) to the state constitution is currently half-way through the legislative process. It will need to be voted through the state legislature and approved by the governor a second time before it can go on Indiana’s ballot.

Technically, it is true that DOMA doesn’t have a direct effect, but the fall of (part of) DOMA is the an important domino to fall in achieving marriage equality in Indiana. The SCOTUS ruling on DOMA today means Indiana and other states where same-sex marriage is not yet recognized will have room to make a case for discrimination on the necessity reciprocity of the law from one state to another. The portion of DOMA that restricts recognizing same-sex marriages from one state in other states is still in place. But given today’s ruling, it’s hard to imagine that it will remain in place for very long, because even before the ruling came down, Supreme Court Justice Anthony Kennedy was asking pointed questions about DOMA being a question of gender discrimination.

In reality, the only serious barrier that remains now between married gay Hoosiers and legal marriage recognition is the state of Indiana and Hoosier opinion, not the Federal Government. They only thing stopping us now, realistically, is something that WE LGBT HOOSIERS can affect, and something that only we can affect. The fight is now up to us, and it’s a battle we can win, because it’s a battle for hearts and minds in Indiana, where we live, and where we can reach the fight. It’s no longer a fight across the country, or a fight in Washington, D.C. It’s a fight on our home turf.

Back in February Indiana lawmakers were saying that they wanted to wait on pursuing the second have of the Indiana Marriage Discrimination Amendment (HJR-6), because they wanted to see if the ruling was broad or narrow. They were being canny; they suspected that the courts would rule on a narrow change in DOMA and leave the rest of it in place. But I do think it’s a sign of something else as well.

I really believe that the will to tackle this by our State Legislators is going to wane rapidly, even though they are saying something different in the news this morning. I think that Republican lawmakers, even those in Indiana, are going to realize more fully in the days and weeks to come that they are in the wrong side of this fight, and that it’s not a question of if, but a question of when.

We have beat back this amendment several times over the years. Certainly that was with the help of powerful friends on the Democratic side of the aisle and we don’t have those numbers with us after the last several elections, but we do still have the power of large corporations in Indiana who have stood with us time and again because they understand that they can’t attract a strong workforce in an uneducated and intolerant state. I think if we can get some powerful visuals in place, the average folks in Indiana will start to make the idea unpopular.

As noted at the tail end of the Indy Star’s article on how DOMA affects us:

Ball State University’s Hoosier Poll last fall found Hoosiers evenly split over whether same-sex marriages should be legal. But a majority supported legalizing civil unions and opposed changing Indiana’s constitution to ban gay marriage.

The second sentence of Indiana’s Discrimination Amendment is what will kill the bill – “A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.” That goes towards animus, and falls afoul of today’s DOMA ruling. It will be the key to beating back this amendment in the state legislature next year, and falling short of that, changing the hearts of Hoosiers across the state.

Continue ReadingWhat DOMA means for Indiana: nothing changes, but everything changes

Decision Day: DOMA and Prop-8 Fall

Defense of Marriage Act is Unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment..

Link to the decision: UNITED STATES v. WINDSOR, EXECUTOR OF THE
ESTATE OF SPYER, ET AL.

From SCOTUSblog:

So does this mean that I’ll be able to file joint taxes with my wife? From Amy: Yes. Perhaps for the first time ever, many people will be eager to file their taxes next April 15.

And Prop 8 fails, too!

Link to the decision: HOLLINGSWORTH ET AL. v. PERRY ET AL.

From SCOTUSblog:

Here’s a Plain English take on Hollingsworth v. Perry, the challenge to the constitutionality of California’s Proposition 8, which bans same-sex marriage: After the two same-sex couples filed their challenge to Proposition 8 in federal court in California, the California government officials who would normally have defended the law in court, declined to do so. So the proponents of Proposition 8 stepped in to defend the law, and the California Supreme Court (in response to a request by the lower court) ruled that they could do so under state law. But today the Supreme Court held that the proponents do not have the legal right to defend the law in court. As a result, it held, the decision by the U.S. Court of Appeals for the Ninth Circuit, the intermediate appellate court, has no legal force, and it sent the case back to that court with instructions for it to dismiss the case.

And a good analysis of what the end of DOMA means for married gay couples:

The Supreme Court’s decision to invalidate the Defense of Marriage Act means that gay married couples will have access to the federal benefits now enjoyed by other marrieds.

These benefits include tax breaks, Social Security benefits and estate planning advantages that until now were denied gay couples, even if their marriages were recognized under state law.

Among other things, gay marrieds will now be able to:

  • claim Social Security benefits based on a spouse’s working record and qualify for survivor benefits.
    fund an IRA or Roth IRA for a nonworking spouse.
  • split a retirement fund or other assets without triggering tax bills if they divorce.
  • exempt health care benefits for a spouse from their federal income.
  • bequeath their estate to a spouse without triggering potential federal estate taxes.

These gains may come with a cost: as NerdWallet puts it, “federal income tax brackets are in fact easier on high-income individuals than they are on most high-income married couples.” NerdWallet figured that same-sex couples earning more than $146,000 may see their tax bill go up by over $1,000.
One of my gay friends, a financial planner, just posted to her Facebook page that her taxes are likely to go up by several thousand dollars. But she was happy, as she put it, to “take one for the team.”

The Supremes
Thanks, Supremes!

Continue ReadingDecision Day: DOMA and Prop-8 Fall

marriage discrimination attached to Gov’s Property Tax Bill

Indiana Republican Foul play at work – because looked like SJR-7 the marriage discrimination bill that has failed to pass the Indiana House the last two years, might again fail, Representative Eric Turner, ranking Republican on the House Rules and Legislative Policy Committee, filed a amendment to House Joint Resolution No. 1 (HJR1) a proposed constitutional amendment concerning property taxes.

This is the Governor’s bill proposed property tax reform bill, a high-profile piece of legislation that ensures the people will sit up and take notice if it gets threatened, or if Democrats go against it. Of course the amendment has nothing to do with Property Taxes, but it’s attached because that’s expected to pass.

Don Sherfick of Indiana Equality seems to think that the bill with get a full reading by the House as a result, where Gary Welsh thinks that it will effectively kill the property tax bill, laying the blame for it at the door of House Democrats.

Indiana Equality has a handy lookup form to look up your representatives to give them a call to protest this issue.

Continue Readingmarriage discrimination attached to Gov’s Property Tax Bill

The Fort Wayne Journal-Gazette on the Marriage Discrimination Amendment

Courtesy of blueindiana.net, I enjoyed this editorial from the The Fort Wayne Journal-Gazette on the plans to re-introduce SJR-7 – the marriage discrimination amendment – into the short legislative session this year (when, of course, there are much more pressing issues like property tax reform that need to be addressed.)

There is no reason for it to pass this year or any year. Indiana has a law that prohibits same-sex marriage. The language of the proposed amendment is murky at best and would create more legal questions than it would answer.

Meanwhile, other states are quietly going the opposite direction from Indiana. Instead of adopting measures that take rights away from citizens, they are expanding rights. In 2007, New Hampshire joined Vermont, Connecticut and New Jersey in offering civil unions. And Washington State and Oregon approved domestic-partnership laws to ensure legal rights for same-sex couples. Maine, California and Hawaii already have such laws.

Colorado, Iowa, Oregon and Vermont all banned workplace discrimination based on sexual orientation and gender identity, bringing to 12 the number of states with such anti-discrimination laws on the books. Nearly half of the U.S. population now resides in states that ban discrimination based on sexual orientation and gender identity, according to Stateline.org, an authoritative Web site that reports involving issues with state governments across the nation.

It is foolish for Indiana, still lagging other states in economic recovery, to consider a measure that would alienate any potential investor. It’s even more foolish to consider such a measure when elected officials should be focused on tax restructuring.

Continue ReadingThe Fort Wayne Journal-Gazette on the Marriage Discrimination Amendment

Bigotted Atkins Cheesecake Family denies partner access to gay son

From today’s Indy Star:

Brett Conrad spent more than half his life as Patrick Atkins’ partner. For 25 years, the men shared bank accounts, apartments and eventually a home in Fishers.

But when Atkins, 47, fell seriously ill in 2005, Conrad faced what many gay Hoosiers consider a travesty: no law guaranteeing them the same rights as married couples to participate in care decisions for their ill partners.

Conrad, 47, spent much of the past two years trying to win guardianship of Atkins from Atkins’ parents, Thomas and Jeanne of Carmel. Jeanne Atkins is quoted in court documents as saying she believes homosexuality is a sin and that she disapproves of the men’s relationship. The parents have barred Conrad from visiting their now-disabled son in their home where he lives.
In June, Conrad won visitation rights from the Indiana Court of Appeals, but the court upheld an earlier Hamilton County ruling that left control of Atkins’ care to his parents.

Gay-rights activists say the men’s story illustrates the discrimination embedded in Indiana law and underscores why gay marriage should be allowed.

On the other side, opponents of same-sex marriage say the case could have been prevented if Conrad and Atkins had used existing laws that can give unmarried couples — straight and gay — the legal right to act on each other’s behalf.

Read the whole article (linked above) for more information, including some great references about what legal documents you should have in place to protect yourself from this sort of madness.

And obviously – I’m never eating Atkins Cheesecake again, and of course, I’m contacting the Atkins family to tell them why that’s the case.

Continue ReadingBigotted Atkins Cheesecake Family denies partner access to gay son

Rally at the Indiana Statehouse to Oppose SJR-7

A while back, I wrote about SJR-7, the bill to amend the Indiana constitution to eliminate equal marriage rights for same-sex couples, and I urged people to contact the legislators responsible for this atrocious piece of legislation.

Well, there’s more you can do.

Indiana Equality is organizing a rally at the State House to oppose this amendment, and to support two other pieces of legislation that help protect lgbt people – a hate crimes bill that covers sexual orientation and gender identity, and an anti-discrimination bill, both of which are being introduced this legislative session.
The rally — called the “Read the Fine Print” — will feature Candace Gingrich, sister of Former Speaker of the US House of Representatives Newt Gingrich.

WHAT: “Read the Fine Print!” Rally at the Statehouse
WHEN: Monday, February 19, 2007 from 1:00 pm — 2:30 pm
(Presidents Day)
WHERE: Indiana Statehouse, North Atrium, 200 W. Washington
(Enter off Ohio Street)

Enter the Statehouse using the Ohio Street entrance. Please allow extra time, as you may have to go through security. Also be aware that street parking may be hard to find. The Circle Center Mall garage is only a few blocks away and relatively inexpensive.
Note that this is on President’s Day – a day when many people already have off work — so you can attend this rally. I’ll be there. You will have the opportunity to meet with your legislators at some time during or after the rally to speak your mind if you like (see information on training below.)
You can RSVP that you will be attending at this Indiana Equality link.

ALSO…

You can get training to lobby your legislator prior to the rally, in the morning on the same day. Indiana Equality, Human Rights Campaign, and Stop The Amendment will be providing a two-hour crash course in techniques for constituents to successfully communicate with and educate their State legislators.

WHAT: Lobbying Your Legislator 101
WHEN: Monday, February 19th, 2007 from 9:30am – 11:30am
(President’s Day)
WHERE: Christ Church Cathedral, 125 Monument Circle
COST: $5 (includes training, materials, and continental
breakfast)

Reserve your spot in lobbying training.
Topics of this session will include:
Do’s and Don’ts when talking to legislators
The “Marriage” Amendment

  • Process of amending Indiana?s Constitution
  • Background on the Amendment
  • Facts, talking points, and likely objections

Hate Crimes Legislation

  • How a bill becomes law
  • Background on Hate Crimes legislation
  • Facts, talking points, and likely objections

Street parking may be hard to find. The Circle Center Mall garage is only a few blocks away and relatively inexpensive.

Continue ReadingRally at the Indiana Statehouse to Oppose SJR-7

Anti-Marriage Equality Amendment Introduced to Indiana Legislature

As Bilerico is reporting – the massively flawed legislation to put an anti-marriage equality amendment (banning civil marriage for same-sex partners) on the ballot for voting had been re-introduced to the legislature.

Here’s the proposed bill:

DIGEST OF INTRODUCED BILL
Definition of marriage. Provides that marriage in Indiana consists only of the union of one man and one woman. Provides that Indiana law may not be construed to require that marital status or the legal incidents of marriage be conferred upon unmarried couples or groups.

That second line — that’s the massively flawed part. The idea is not only to prevent us from getting married, but also to prevent civil unions. But the wording of this bill is so bad that it has ramifications FAR BEYOND same-sex couples, and far beyond civil unions. This is what happened in Ohio – domestic violence laws are being invalidated for heterosexual couples who are unmarried – and women are being victimized as a result, because they’re abused by their live-in boyfriends, but the police can’t prosecute because they aren’t “married.”

Read that second paragraph again, and think about it for a minute.

Now think about that in context of Stephanie and I, trying to build a life together – to protect our joint property and provide for one another as we get older. That can invalidate wills, powers of attorney, living wills, assets and trusts.

We have to spend thousands of dollars that heterosexual people don’t to protect our lives – you get it just by getting a $10 marriage license. And that second line of this bill – can throw all of it out the window.

This bill is CRAZY – and it’s going to be voted on in the legislature a second time. It’s called SJR-7 – Senate Resolution 7. You can track what’s happening to it at that link.

The Homophobic Hate-Filled Bigots Responsible

Republican Senator Brandt Hershman (Wheatfield) – the Majority Whip

These people know what that second line means – they know how harmful it can be. They’re aware that we could lose our assets and be out in the cold, and they know about the problems in Ohio – but they’re so filled with hatred they don’t care.

Please contact every single one of these utter jackholes (information at the links) and tell them that they’re not good Christians for supporting this kind of discrimination, (make sure to say SJR-7) and call them on being the evil, hate-filled bigots that they are.

Stephanie and Steph

Do it for us — aren’t we cute? Shouldn’t we get to have a life together? Don’t you love us? Let these guys know that what they’re doing hurts people you care about.

Why this should be decided by courts, not by ballot

Civil rights should not be subject to the tyranny of the majority. That’s the key that sets America apart from other democracies – We have a Bill of Rights that protects the rights of the individual from the whims of the masses.

If we let people vote on civil rights, Rosa Parks would still be sitting at the back of the bus right now. Fortunately, the wiser head of a court system were allowed to interpret the law and decide discrimination was wrong.

But if we let Indiana citizens AMEND THE CONSTITUTION just to arbitrarily discriminate against a group of people, we’ll be betraying every principle the country stands for.

Continue ReadingAnti-Marriage Equality Amendment Introduced to Indiana Legislature

LGBTQ Youth Equality Ride Across the U.S.

During March and April The Soulforce Equality Ride will be visiting 19 religious and military schools to give voice to those who can not speak up themselves because of oppressive school policies. Many of these schools expell lgbtq students who come out or are outed.
At military and religious colleges around the nation, bans on gay, lesbian, bisexual, and transgender enrollment force students into closets of fear and self-hate. These bans devalue the life of GLBT people and they slam the door on academic freedom. The Equality Ride empowers young adults to challenge these college bans.

Scheduled to take place in the spring of 2006, the Equality Ride will take 25–30 young adults on a seven-week bus tour to confront numerous religious and/or military colleges that ban the enrollment of GLBT students. At each stop along the journey the members of the Equality Ride will present a powerful case for GLBT equality.

Like the Freedom Rides of the 50’s and 60’s, the Equality Ride is a student-led effort that takes young adults into epicenters of intolerance and oppression to make a better tomorrow. In going on this journey, the Equality Riders draw inspiration from those Freedom Riders over forty years ago.

The goal of Soulforce is freedom for lesbian, gay, bisexual, and transgender people from religious and political oppression through the practice of relentless nonviolent resistance.

Continue ReadingLGBTQ Youth Equality Ride Across the U.S.