Showdown in Indiana

Another key vote is scheduled this afternoon at the Statehouse for a proposed constitutional amendment that further defines marriage. The full House is slated to take up the divisive issue.

Indiana banned same-sex marriage in 1986, and in 1997 it refused to recognize same-sex marriages performed in other states. But same-sex marriage opponents have pushed for enshrining the ban in the state constitution in recent years.

HJR-3 (formerly HJR-6) is a proposed amendment that would permanently alter the Indiana Constitution to define marriage and could potentially affect hundreds of rights related to marriage under current Indiana law. Not only does HJR-3 infringe on the civil rights of same-sex couples, it violates the separation of church and state by basing it’s rationale on religious beliefs. The First Amendment’s Establishment Clause expressly prohibits the government from akin any law respecting an establishment of religion.

Same-sex marriage is already illegal in Indiana by statute. Passing HJR-3 is overkill. But they are pushing it with the hopes that it will make the ban permanent. Plus it would not only define marriage as a union only between one man and one woman, it also has language that stays “a legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.”

In other words, HJR-3 would effectively prohibit the state from authorizing or even recognizing civil unions in the future, and it would forbid employee benefits for same-sex couples. It also could invalidate powers or attorney, such as medical directives, because it gives the person you appoint marriage-like authority to make decisions for you.

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There is hope that someday soon the state of Indiana will grant LGBT residents the dignity of having the right to marry the person they choose. Until then, LGBT couples living in Indiana (and most other states) remain without any legal protections whatsoever – unless they go to the effort and expense of getting specific legal documents, i.e., living will and medical power of attorney (to empower a partner to make medical decisions and have hospital visitation rights), last will and testaments and/or living trust (to leave property to a partner) and other supporting documents that empower a partner to make decisions about finances, burial and cremation and many other rights denied to same-sex partners who live in non-marriage equality states.

For the most part, couples who can afford these documents will get them. Many LGBT couples are struggling financially because of the economic downturn. For them, Rainbow Law’s state-specific will and trust packages provide an affordable alternative – and their free advance directives are available to any LGBT person who asks.

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You can give Rainbow Law’s legal document preparation service a risk-free try by ordering state-specific advance directives (living wills, medical & financial powers of attorney with hospital visitation & more). Payment can be made via a small donation or you can get them for free in exchange for a Tweet or Facebook post!

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