HJR 3 Passes Ind. House; How Did Local Lawmakers Vote?

Posted On January 29, 2014

By Mike Perleberg


Indiana Statehouse in Indianapolis

(Indianapolis, Ind.) – A proposal that would ban gay marriage in the Indiana constitution is moving forward.

On Tuesday, Indiana House lawmakers passed House Joint Resolution 3 on a 57-40 vote, sending it to the state Senate. Local representatives Jud McMillin (R-Brookville) of House District 68 and Randy Frye (R-Greensburg) of House District 67 each voted for the legislation.

“If we put it in the Indiana constitution an Indiana judge cannot overturn it. If it’s overturned, it would have to be a federal judge. I believe that the entire population of the state of Indiana should make the decision and not one Indiana judge,” Frye told Eagle 99.3 Wednesday morning.


Both Frye and McMillin had voted for the amendment in 2011, too. It passed the House that year on a 70-26 vote. Frye speculated that the less dominant support of the marriage ban was due to a couple lawmakers changing their vote and turnover in House membership over the past three years.

HJR 3’s first sentence would define marriage in Indiana as a union of one man and one woman, in effect outlawing same-sex marriages. The second sentence which would have banned same-sex civil unions was dropped on Monday, making the amendment more palatable for majority Republicans in the House.

The Senate, where Republicans also have a super majority, could vote to put the second sentence back in.

“What the Senate does with it is anybody’s guess,” Frye said. “They may put the second sentence back in. They may leave it out. They may not even deal with it. I guess we’ll just have to wait and see.”

If an amendment with language identical to the 2011 bill does not pass, the constitutional amendment process will start over. In that case, the earliest Hoosiers statewide could vote on a gay marriage ban would be in 2016.


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