Same Sex Marriage - Indiana Republicans Lost on Paleozoic Parkway

In order to amend the state constitution in Indiana, two separately elected state congresses must pass the amendment and then it must be put on a statewide ballot for the people to decide.

Prior to 2011, Democrats held the majority in the state House for a few years and were successful in defeating any anti-same sex marriage amendment effort.  In 2011, Republicans regained their majority in both chambers and quickly passed a constitutional amendment to ban same sex marriage in Indiana.  The proposed Indiana amendment goes beyond defining marriage as between one man and one woman, banning civil unions too.  "A legal status identical or substantially similar to that of marriages for unmarried individuals shall not be valid or recognized." 

what eye thynk:   Now, two years later and with the necessary separately elected congress in place, Republicans find themselves in an uncomfortable situation.  They must pass the identical proposed amendment for the second time in order to get it on the November ballot; but public perception of same sex marriage has changed dramatically over the past two years.  Representative Scott Pelath (D) House Minority Leader: "The tables have turned on this issue, and the Republicans are at a loss about what to do about it."

Hawaii and Illinois recently approved same sex marriage.  Just a week ago, courts in New Mexico declared that denying same sex couples the right to marry was unconstitutional.  Similar cases are currently being fought in Utah and Ohio. Megan Robertson, campaign manager for Freedom Indiana, a group that supports marriage equality: "It's not a very positive reflection on our state that we are considering this while everyone else is moving toward equality."

Indiana conservatives continue to support the amendment; but businesses that normally bankroll Republican causes are worried that passing the amendment will make it hard for them to attract people to Indiana.  It is difficult to predict what voters would do.  A recent statewide poll showed that 58% of voters were opposed to the amendment; but when asked how they felt about same sex marriage, the results were nearly 50:50. 

Ultimately, the Supreme Court will have the final say on same sex marriage in this country, but their decision will come too late for Indiana politicians.  They must decide now if they are to get the amendment on the November ballot.  Postponing or changing the amendment in any way would force them to start the two year/two separately elected congresses/state ballot process all over again.  

The wording in the amendment that bans same sex civil unions has come under close scrutiny recently with some Republicans wanting to drop that restriction.  That may be the smartest way for them to handle their damned if we do-damned if we don't problem.  The resulting two year postponement would allow Indiana conservatives to hide behind the Supreme Court's skirts since the Justices will surely have decided on this issue by then, saving Indiana Republicans the humility of being publicly identified as social Neanderthals.