More on SJR-7

Indiana House committee will hold a hearing Wednesday, March 21, 2007 at 9:00 a.m. in the House Chambers on the controversial SJR-7.

What is SJR-7?

SJR-7 is a joint resolution (and not bill) that is used to propose a constitutional amendment. SJR-7 is a proposed amendment to the Indiana Constitution to ban same sex marriages.

What does SJR-7 say?

SECTION 1. The following amendment to the Constitution of the State of Indiana, which was agreed to by the One Hundred Fourteenth General Assembly and referred to this General Assembly for reconsideration and agreement, is agreed to by this the One Hundred Fifteenth General Assembly of the State of Indiana.

SECTION 2. ARTICLE 1 OF THE CONSTITUTION OF THE STATE OF INDIANA IS AMENDED BY ADDING A NEW SECTION TO READ AS FOLLOWS:

Section 38. (a) Marriage in Indiana consists only of the union of one man and one woman.

(b) This Constitution or any other Indiana law may not be construed to require that marital status or the legal incidents of marriage be conferred upon unmarried couples or groups


What is the change?

Language in the constitution decreeing marriage as only between man and woman. And certain benefits bestowed upon unmarried people that are normally granted for marriage will be in violation of the amendment.

What is the snafu?

If the resolution is passed certain protections and benefit may be impacted that are currently given to those who are couples and their children outside of marriage. This will impact heterosexual couples as well as same sex couples.

Therefore the removal of (b) section of the resolution could be viewed as an amendment to the passed resolution.

What does the Indiana Constitution say about this issue?

Article 16
Section 1. (a) An amendment to this Constitution may be proposed in either branch of the General Assembly. If the amendment is agreed to by a majority of the members elected to each of the two houses, the proposed amendment shall, with the yeas and nays thereon, be entered on their journals, and referred to the General Assembly to be chosen at the next general election.
(b) If, in the General Assembly so next chosen, the proposed amendment is agreed to by a majority of all the members elected to each House, then the General Assembly shall submit the amendment to the electors of the State at the next general election.
(c) If a majority of the electors voting on the amendment ratify the amendment, the amendment becomes a part of this Constitution.
(History: As Amended November 3, 1998).


Section 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for or against each of such amendments separately.
(History: As Amended November 8, 1966).


So now what?

It is an all or nothing, if Article 16 is interpreted to prevent striking out part of the approved resolution. It will mean the process may have to start all over again, if any part is removed before going to the voters.

And if the SJR-7 goes forward as written?

Because of the unintentional impact on current benefits or relationship for certain unmarried couples or groups, more than likely lawsuits will be filed and the issue brought before the Indiana Supreme Court.

For more information on SJR-7 check out Indiana Law Blog and Advance Indiana or Blue Indiana