Rainbow bLAWg

In a state that already bans same-sex marriage by statute, the Indiana House attempted to amend it’s state constitution with hopes of making it less likely to be nullified by state courts.

Unlike the outcome in 2011, when both chambers unanimously approved the measure, the House voted 52-43 to removed the amendment’s second sentence, which explicitly banned civil unions and other marriage-like arrangements for same-sex couples. That leaves only the first sentence, which would still ban gay marriages.

If approved by both chambers of the General Assembly, the removal of the 2nd sentence would mean the measure would not go to the ballot in November. The full House is expected to vote on the altered resolution next Tuesday.

Although gay marriage is still on the ticket, opponents see this as an important victory.

“Today’s vote to remove some of the extremist language in the proposed constitutional ban on marriage in Indiana is a welcome step back from the brink,” said Evan Wolfson, founder and president of the pro-equality group Freedom to Marry, in a press release. “This offers the possibility that Indiana’s families will not be subjected to a harsh campaign and offensive ballot-measure that would add cruel and unconstitutional language to Indiana’s state constitution.” However, as the amendment would still deny marriage rights to same-sex couples, it remains “deeply flawed” and “merits defeat,” Wolfson said.

An important thing to note in this case is that opinions are shifting on both sides of the aisle. Nearly two dozen Indiana House Republicans bucked their leadership to strip that sentence.  Some of them have the wisdom to see the writing on the wall.

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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!

Just double click on the rainbow banner:

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Carrie Stone