V19, N22 Thursday Feb. 13, 2014 Kenley won’t reopen budget on SB1 Pence’s decision on replacement revenue prompts chairman to ponder broader study By BRIAN A. HOWEY INDIANAPOLIS – Senate Ap- propriations Chairman Luke Kenley told Howey Politics Indiana that the time is right to step back and take a broad over- view of Indiana’s taxation policy. Kenley’s comments come as Gov. Mike Pence and Indiana General Assem- bly leaders have become embroiled in a showdown over the business personal property tax repeal. Local government officials across the state fear the passage of SB1 and HB1001 will deprive them of issues like this that are complicated. This is one of the is- revenue after enduring nearly five years of deep budget sues that has a lot of sides and a lot of complexity.” cuts associated with the constitutional property tax caps Asked whether it would be a good time to step and the elimination of inventory taxes. back and take a comprehensive look at Indiana’s total “This is one of the reasons why Sen. Hershman and I put in the blue ribbon commission,” Kenley told HPI Continued on page 3 Wednesday afternoon of SB1. “We felt there would be Marriage and the courts By MAUREEN HAYDEN CNHI Statehouse Bureau INDIANAPOLIS – Supporters of the marriage amendment say it’s needed to protect Indiana’s current ban on same-sex unions from being overturned by “activ- ist” judges. But as debate moves “Why be a senator that’s going to forward in the Statehouse, the is- show, not only to your constitu- sue appears more and more likely to end up in the courts. ents that you’re voting against “I’ve been teaching con- stitutional law for 30 years, and their will, but to the rest of the never in my experience have I country you believe that Indiana seen a situation shift so rapidly,” said Indiana University law pro- is one that has very little respect fessor Daniel Conkle. “The legal for diversity and tolerance?” opinions involving state laws and amendments are shifting almost - State Sen. Ron Alting as rapidly as public opinion on Page 2 same-sex marriage is. As a result, we return the language in the Senate’s have a remarkable rapidly shifting version, arguing that a more compre- legal landscape.” hensive ban would stand up better in Should the state Senate pass court. House Joint Resolution 3 with lan- Jane Henegar, president of guage restored to ban both gay mar- the Indiana chapter of the ACLU, said riage and civil unions, the proposed her organization is focused on defeat- amendment to the state constitu- ing the amendment in the legislature tion may head to voters as soon as and would deal with potential legal November. If it passes the public vote, challenges later. The ACLU has part- is a non-partisan newslet- Conkle predicts a quick court chal- nered with Freedom Indiana to kill the ter based in Indianapolis and lenge. measure at the Statehouse. Nashville, Ind. It was founded “It’s inevitable,” Conkle “We’re consumed with pre- in 1994 in Fort Wayne. said. “Shortly after the election, you’d venting discrimination from being en- see a lawsuit.” shrined in the constitution of Indiana,” It is published by States’ attempts to define Henegar said. WWWHowey Media, LLC marriage to exclude same-sex couples During a Senate committee 405 Massachusetts Ave., are fast facing legal challenges trig- hearing on Monday, Jim Bopp, a Terre Suite 300 Indianapolis, IN gered by last summer’s U.S. Supreme Haute attorney and amendment sup- 46204 Court decision striking down a key porter, argued that a measure that part of the federal Defense of Mar- includes language banning same- riage Act. sex marriage and civil unions would Brian A. Howey, Publisher The ruling was cited by fed- hold up better in court. “You have to Mark Schoeff Jr., Washington eral judges overturning bans in Utah defend marriage against any copycat Jack E. Howey, Editor and Oklahoma. Those decisions are versions of marriage – in other words, Mary Lou Howey, Editor now on appeal. civil unions,” Bopp said. Challenges are pending on There are lawyers on the Maureen Hayden, Statehouse bans in Michigan, Virginia, and Florida, other side who disagree. Matthew Butler, Daily Wire where advocates argue that laws Indiana University consti- prohibiting gay marriage violate the tutional law professor Dawn Johnsen Subscriptions U.S. Constitution’s guarantee of due said even though the U.S. Supreme HPI, HPI Daily Wire $599 process and equal protection under Court stopped short of overturning the law. And in early February, the state bans on gay marriage, she’s HPI Weekly, $350 American Civil Liberties Union sued to convinced it signaled its intent. “To Ray Volpe, Account Manager challenge a constitutional amendment be sure, the court did not resolve the 317.602.3620 approved by Wisconsin voters in 2006, constitutionality of HJR 3,” Johnsen email: [email protected] which is similar to the original version said last month. “But the court’s rea- of Indiana’s measure. Both ban gay soning suggests that in a future case marriage and civil unions. it would hold unconstitutional state Contact HPI “I think the issue is headed laws that discriminate on the basis of www.howeypolitics.com back to the U.S. Supreme Court,” said sexual orientation with regard to who [email protected] Conkle, adding that the nation’s high may marry.” Howey’s Cabin: 812.988.6520 court could take up challenges to state Top legal officers in states Howey’s cell: 317.506.0883 bans by early next year, depending with same-sex marriage bans haven’t upon how fast federal appeals courts reached consensus. Washington: 202.256.5822 move. Late last month, Indiana At- Business Office: 317.602.3620 In 2011, the General Assem- torney General Greg Zoeller joined 10 bly took the first step toward putting state attorneys general in a filing in © 2014, Howey Politics Indiana. the amendment question to voters a federal appeals case involving bans All rights reserved. Photocopy- when it approved a joint resolution on same-sex marriage in Utah and Ne- banning same-sex marriage and civil vada. They argued that no fundamen- ing, Internet forwarding, fax- unions. Late last month, the House tal right to same-sex marriage exists, ing or reproducing in any form, voted for the resolution again but and that allowing such unions will lead whole or part, is a violation of stripped out the civil union language, to “any group of adults” seeking that federal law without permission leaving the ban on gay marriage only. status and the “tragic deconstruction” from the publisher. Proponents of HJR3 are fighting to of marriage.Yet Nevada’s own attor- Page 3 ney general also publicly questioned the fate of her state’s Fed judge strikes down ban, saying the U.S. Supreme Court ruling put up a higher obstacle to laws that discriminate on the basis of sexual orientation. Kentucky marriage ban And in late January, the Virginia attorney gen- LOUISVILLE — A federal judge Wednesday struck eral refused to defend his state’s same-sex marriage ban down Kentucky’s ban on recognizing valid same-sex mar- against a federal court challenge. Instead, he asked on the riages performed in other states, saying it violates the U.S. court to invalidate the amendment, calling it unconstitu- Constitution’s guarantee of equal protection under the law tional and oppressive. (Louisville Courier-Journal). U.S. District Judge John G. Seventeen states and the District of Columbia Heyburn II joined nine other federal and state courts in have laws that allow same-sex marriages. Several were invalidating such bans. triggered by court rulings. The first states that allowed Ruling in a suit brought by four gay and lesbian same-sex marriage did so as a result of a court decision, couples, Heyburn said that while “religious beliefs ... are Massachusetts in 2004, Connecticut in 2008 and Iowa in vital to the fabric of society ... assigning a religious or tra- 2009. ditional rationale for a law does not make it constitutional In New Mexico, the state supreme court ruled in when that law discriminates against a class of people December 2013 that same-sex couples in the state are without other reasons.” Heyburn said, “it is clear that Ken- allowed to marry. Last October, the state supreme court in tucky’s laws treat gay and lesbian persons differently in a New Jersey refused to delay a state court decision requir- way that demeans them.” ing the state to recognize same-sex marriages. v Citing the U.S. Supreme Court’s ruling throwing out the Defense of Marriage Act, Heyburn struck down the Maureen Hayden covers the Statehouse for the portion of Kentucky’s 2004 constitutional amendment that CNHI newspapers in Indiana. She can be reached at said “only a marriage between one man and one woman [email protected]. Follow shall be valid or recognized as a marriage in Kentucky.” her on Twitter @MaureenHayden. Heyburn did not rule that Kentucky must allow gay mar- riages to be performed in the state. In a 23-page ruling, Heyburn said Kentucky’s sole justification for the the amendment was that was it was “rationally related to the legitimate government interest of preserving the state’s institution of traditional marriage.” v difficulties on the table,” Kenley said of Pence’s move on Kenley, from page 1 Tuesday with the mayors to replace lost revenue. “I’m not sure we can do that in the short session. I’m not sure it’s taxation policy that has undergone dramatic change since all going to get done.