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Indiana debates impact of Iowa ruling
Same-sex marriage ban already challenged in state
Published Thursday, 09-Apr-2009 in issue 1111
INDIANAPOLIS (AP) – Social conservatives say a court ruling striking down Iowa’s ban on same-sex marriage could have repercussions for a similar law in Indiana.
But gay-rights advocates don’t expect last week’s ruling to have much impact in Indiana, where state law bans same-sex marriage and prohibits sanctioning same-sex marriages performed in other states.
“Opponents of gay marriage are going to try to take Iowa and say, ‘Oh, it’s going to happen in Indiana tomorrow,’” the Rev. Jeff Miner, senior pastor of Jesus Metropolitan Community Church in Indianapolis, told The Indianapolis Star for a Saturday story.
“No it isn’t. We’re light-years away from the marriage debate in Indiana. We’re still trying to keep people from being fired.”
That hasn’t kept conservatives from voicing concern about the vulnerability of Indiana’s law banning same-sex marriage, though, and Friday’s ruling renewed those sentiments.
“The Iowa court struck down a statute very similar to the same law on the books here in Indiana,” said Curt Smith, president of the Indiana Family Institute.
Indiana’s law already has been challenged by three same-sex couples who were denied marriage licenses in Marion and Hendricks counties. They gave up their fight after the state law was upheld by the Indiana Court of Appeals in 2005.
The court found the law does not violate the state Constitution because the state has a legitimate interest in promoting heterosexual marriage to establish a stable environment for children.
But conservatives argued that wasn’t enough.
The GOP-controlled state Senate has voted three times since 2005 to pass a proposed constitutional amendment banning same-sex marriage, which would have to pass two consecutive, separately elected General Assemblies and then win approval in a statewide vote to take effect. Measures have twice died in the Democrat-controlled House before coming up for a vote of the full House. This year, a bill failed to get out of a Senate committee.
House Speaker Patrick Bauer, D-South Bend, has said amending the state’s constitution isn’t necessary because Indiana law already prohibits same-sex marriage.
Attorney Camilla Taylor of Lambda Legal, who led the challenge to the Iowa ban, said the group plans to work to overturn bans in other Midwestern states.
“We are using different strategies for different states, but no state is a ‘lost cause’ in our eyes,” she said.
Ken Falk, legal director for the American Civil Liberties Union of Indiana, doubted the Iowa decision would have a significant effect in Indiana. But he said it did point to changing attitudes across the United States.
“From a standpoint of just general attitudes,” he said, “I think that the notion of same-sex marriage is becoming more accepted, especially among younger people.”
Micah Clark, executive director of the American Family Association of Indiana, said the ruling was troubling because of where it was reached.
“If someone said Massachusetts allowed gay marriage, that’s not a huge surprise, as a liberal state,” he said. “I think Iowa’s a shocker. If it could happen in Des Moines, it could happen in Indianapolis. We’re not talking about Boston or San Francisco or something.”
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