OPPOSE SB 68: Repealing Traditional Marriage Statute

Executive Summary

SB 68 would repeal the following language currently within state law:

Section 1. IC 31-11-1-1

(a)    Only a female may marry a male.  Only a male may marry a female. 

(b)   A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized.

 

Analysis

Although the U.S. Supreme Court is the final arbiter within the federal judicial branch of government on the interpretation of the U.S. Constitution, history and common sense proves that these justices, just like all human beings, are wrong from time to time. 

The SCOTUS was wrong in Dred Scott, the Court was wrong in Roe and most recently 5 of the 9 members of the Court were wrong in Obergefell…and that is not a comprehensive list, unfortunately. 

Though the ruling of the SCOTUS in Obergefell must be respected, history has shown us that the decisions of the Court do not always withstand the winds of the future.  That was true with Dred Scott, will likely be true with Roe in our lifetime and could even be true of Obergefell in the future.

Repealing Indiana’s laws defining marriage is unnecessary.  Despite the statute, our applications for marriage licenses are no longer “Husband” and “Wife”.  Same sex couples have now been receiving government issued marriage certificates for years.

SB 68 is an effort to demoralize those who hold to the true definition of marriage.

 

Conclusion

Just as the pro-life movement started building a movement after the 1973 Roe vs. Wade disaster, so the pro-marriage movement must fight and look to the day when true marriage is recognized once again.  Despite the mistake of 5 of the 9 justices of the SCOTUS, Indiana can still set state policy that encourages reality.  Every child deserves a mom and a dad.  Obergefell doesn’t change that truth and neither should our state’s public policy.

IFI opposes SB 68.