The Indiana State Senate passed Indiana House Joint Resolution 3 (HJR3) Monday afternoon with a vote of 32-17, which means that the bill will not go on the ballot until at least November 2016.
The amendment, as passed by the Senate, states that same-sex marriage will be constitutionally banned in the state of Indiana. This would make legalizing same-sex marriage in the state harder in the future, as it is more difficult to remove a constitutional amendment than it is to repeal a law, according to retired DePauw University professor Kelsey Kauffman.
The House recently voted to remove the amendment’s controversial second sentence, however, which stated that any union similar to marriage, such as civil unions and domestic partnerships, would also be banned for same-sex couples.
The Senate met on Thursday, and it was decided that the second sentence would not be restored. The Senate met again on Monday, when the amendment was passed.
It is protocol in the Indiana legislature that any proposed amendment must be passed through the House and the Senate in the same form in one legislative cycle.
Due to the change made to remove the second sentence, the bill must pass both the House and the Senate again once the next legislative session begins in 2016.
Kauffman, who taught a Winter Term class this year devoted entirely to the amendment, is ecstatic that the amendment passed without the second sentence. She is confident that, by 2016, society will have progressed to the point where the legalization of same-sex marriage will be commonplace.
In addition, she does not think that, by 2016, constituents will want to re-elect a legislative representative who votes for this bill to pass.
“I think Republicans realize that the tide has completely turned on them, that this is not a popular position anymore,” Kauffman said. “They used it very much for their political advantage during the 2000s, and then, with astonishing speed, it’s come back and slapped them in the face, and they’re desperate for it to go away… This is all about politics, and not at all a very great deal about marriage.”
Each of the members of Kauffman’s Winter Term class testified in the House while they were debating whether or not to remove the second sentence.
Sophomore Mickey Terlep feels that his testimony may have aided in its removal.
“I think I could have had an impact on how the debate was framed, because Leif [Anderson] and I brought a different perspective by bring a legal argument to HJR3,” Terlep said.
Aside from the testimonies themselves, those involved in the Winter Term class have been actively pushing for DePauw students to register to vote so that, come 2016, should the amendment be put on a public ballot, DePauw students can have their voices heard.
Terlep believes that the younger generation needs to voice their opinions. He also believes that voting is the best way to let the older generations know that what they think on certain policy issues.
“I think it starts with getting young people out to vote, because if we had all our college students voting there would be a lot more pressure on legislators to listen to us,” Terlep said. “We’re such an under voiced generation when it comes to voting. It gives no reason for legislators to listen to us.”
Ideas to get students involved in voting include tables at the hub and meeting with the campus Democrats club and Republicans club.
“We hope to hold tables at lunch to get freshmen registered so at least they have that connection to at least vote and get them started on that process,” said sophomore Melissa Guerrero, who was also involved in the Winter Term class.
Kauffman is proud of her students for testifying and for being enthusiastic about the amendment even after the Winter Term class had ended.
“I’m proud of them because they did a phenomenal job in what they were setting out to do,” she said. “I wouldn’t have asked for a better group of students.”
She clarifies, however, that it is not the position that they took which made her so proud.
“I would also be proud of them had they done a really great job on the other side.”
HJR3 is on hold until at least the next legislative cycle in 2016. Until then, Guerrero, Terlep and the other members of their Winter Term class are working on getting DePauw students registered to vote and talking to their legislatures.