From: William Monette
Will someone please tell me how HJR-3, the proposed constitutional amendment banning same sex marriage, will benefit Indiana? We already have laws defining marriage as only between one man and one woman.
I see no prospect of our legislators changing them. In the unlikely event that a legislator inclined to change the law gets elected, isn’t that what democracy is about? I have heard that it will prevent a judge from ruling those laws discriminatory.
Which judge? The most likely legal challenge is that laws banning same sex marriage violate the discrimination clause in the federal Constitution. If that challenge is upheld by the U.S. Supreme Court, whether we have a state constitutional amendment will not matter.