Gay marriage supporters cheer setback for constitutional ban in conservative Indiana

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By TOM LoBIANCO, Associated Press

INDIANAPOLIS (AP) — Opponents of an effort to place Indiana's gay marriage ban in the state constitution won a surprising victory Thursday as the Senate effectively pushed off a statewide vote on the issue for at least two years, and possibly longer.

In a parliamentary move that spared state senators a tough vote on the measure, the Senate advanced the marriage ban without the "second sentence" ban on civil unions. The House stripped that language from the amendment before passing it last month, and the Senate's decision not to restore the language before voting Thursday means the effort to amend the constitution must start fresh.

Even if Indiana's marriage ban clears the Senate on a final vote Monday, it would have to be debated again in the next biennial session, 2015-16, before it could appear before voters.

Senate President Pro Tem David Long, R-Fort Wayne, said many lawmakers sensed that the final say on the issue ultimately will be made by the U.S. Supreme Court. A federal court ruling this week that Kentucky must recognized same-sex marriages performed in other states was weighed in private discussions among Senate Republicans, and Long said he could sense momentum building for a high court ruling.

"In reality, I think the issue is going to be before the United States Supreme Court — as I've said before — and it's either going to be a state's rights issue and each state decides for itself or it's going to be decided by the Supreme Court that it's a violation of the 14th Amendment," Long said. "One way or another they're going to have the final say in this because the U.S. Constitution trumps a state constitution."

Indiana's gay marriage battle was playing out as federal courts in Oklahoma and Utah overturned constitutional bans and New Mexico's high court overturned that state's marriage ban.

The state Senate's decision caps a sharp turnabout in Indiana, where just three years ago the constitutional ban passed the General Assembly with overwhelming majorities. But national attitudes on gay marriage have shifted sharply, and opponents of the ban were able to build a strong coalition that lobbied Indiana lawmakers heavily — privately and in public.

Indiana's gay marriage battle also opened a rift among Republicans in the solidly conservative state. Pro-business conservatives, including many who had worked closely with former Gov. Mitch Daniels, largely lined up against the marriage ban. While social conservatives, mostly aligned with Republican Gov. Mike Pence, fought hard to shepherd the ban to the 2014 ballot.

Some of the Republican Party's strongest fundraisers, including former George W. Bush economic adviser Al Hubbard and former Indiana Republican Party Chairman Jim Kittle, opened their wallets for Freedom Indiana, the umbrella organization opposing the marriage ban.

"Six months ago, if you'd said lawmakers would refuse to put this issue on the ballot in 2014 by stripping out the deeply flawed second sentence, I'd have said there's no way," said Megan Robertson, Freedom Indiana campaign manager and a veteran Indiana Republican operative.

Supporters expressed anger with Senate Republicans following Thursday's action. Kellie Fiedorek, a lawyer with Alliance Defending Freedom, said residents would likely be angry with lawmakers for depriving them a chance to vote on the marriage ban.

"I think there are a lot of folks who are very upset with how their representatives have acted and how they basically betrayed them and went back on promises to vote for marriage and give them the opportunity to vote this year," Fiedorek said.

Micah Clark, executive director of the American Family Association of Indiana, said supporters would return in 2015 to seek a public vote on the issue.