It’s right under our noses.
Gay marriage advocates are throwing up so many smokescreens about domestic violence and business competitiveness and the heartstrings of people in love in their quest to have Indiana courts grant gay marriage, it’s hard to hear that simple, quiet word that begs for clarification in SJR 7, Indiana’s proposed constitutional amendment. That word is “require”.
Oh, they point to other state’s amendments when it is convenient. Last year, Ohio wasn’t sure theirs would hurt domestic violence protections and ours was “similar” so we shouldn't pass ours. Now that the Ohio Supreme Court has said theirs won’t hurt domestic violence protections, suddenly ours is “different” than theirs and, thus, still can’t be trusted. Say what?? So why do legislators fear THOSE one words...but don’t hear the one word that is actually in Indiana’s bill? Require.
See for yourself. Ohio’s amendment:
Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.
Wow – that’s pretty severe. It even hits at local cities in towns in the state. No wonder they worried whether it might hurt domestic violence provisions.
Since we’re talking severe, take a look at Michigan’s:
To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.
To think that the Michigan voters directed that.
Now here is Indiana’s proposed amendment, SJR 7:
Marriage in Indiana consists only of the union of one man and one woman. 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.
See it there, in the second sentence? If this passes, Indiana couldn't’t REQUIRE – which means force – other types marriage. It takes nothing away, from businesses that offer benefits today, for example, but it just couldn't’t require anew. That would be a protection to Hoosier businesses. And it doesn’t even mention anything about future generations of children – boy is Michigan’s economic development future in trouble!
If SJR 7 passes, it simply means that Indiana courts couldn’t REQUIRE anything....but it says nothing about what the legislature could GIVE. That might even include civil unions someday, although I suspect some in the Indiana General Assembly would prefer a court to REQUIRE such things so that they don’t have to take the political heat at the polls. Judges are much more insulated from voter retribution than are legislators.
The authors of SJR 7 directed it squarely at the courts so that we don’t have another prayer lawsuit where one judge makes the decision for everyone. Or another Massachusetts, where the court ordered the legislature to create gay marriage. Or even Alaska, where the courts ordered the Governor, who refused, and then the legislature, who also refused, and a dog fight between the three branches ensued!
In Indiana, the legislature, not the courts, should make these decisions, and SJR 7 will protect us from any future judge’s renegade desire to REQUIRE it.
Ode to that poor little quiet, misunderstood word “require”.
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