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The Indiana Senate voted 32-17 in favor HJR-3, an amendment to the state constitution to ban same-sex marriage, but the earliest it will be on the ballot is 2016 because of a late change that removed the civil union language from the bill.

The House approved the bill last month, but under state law, both chambers must approve the measure again, with the same language, in the next legislative session in 2015 or 2016 in order for the proposal to go before voters.

Indiana already bans same-sex marriage by statute, but nervous supporters say that a constitutional amendment will provide addition protection from court challenges. They still are concerned a judge could step in and overturn Indiana’s existing gay marriage ban, which is written in law, but not the constitution. “I trust the people of Indiana more than I trust one individual,” said Sen. Michael Young, R-Indianapolis, shortly before voting in favor of the watered-down ban.

LGBT advocates at Freedom Indiana consider this a victory, saying proponents’ plan to put the question before voters this year was thwarted. Sen. Greg Taylor, D-Indianapolis, noted that Indiana used to ban interracial marriage

“Do you believe there was a time in this state where me and my wife couldn’t be married?” said Taylor, who is black and is married to a white woman.

Freedom Indiana and Freedom to Marry plan to keep fighting against the ban and has restarted the process.

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Carrie Stone