Tony Cook and Barb Berggoetz

The Indianapolis Star

Proposed ban couldn%27t go before voters until at least 2016

Supporters divided over civil unions

Gay marriage backers celebrate %27big victory%27

INDIANAPOLIS -- A constitutional ban on same-sex marriage in Indiana won't go to voters in November — and may never.

A decision Thursday by the Indiana Senate not to restore the original language of the proposed constitutional amendment means that even if it passes, as expected, during a final vote Monday, it would have to pass a future legislature and couldn't go before voters until at least 2016.

But with public attitudes quickly shifting away from such bans, supporters likely will have a harder time winning over another legislature. And the U.S. Supreme Court may make the issue moot before then.

"It's a big victory for us," said Megan Robertson, campaign director of Freedom Indiana, a coalition of amendment opponents who jubilantly celebrated at the Statehouse. "It's kind of a resounding win because they couldn't even bring (the original language) up for a vote. We'd like to see it beat outright, but this is a big deal."

Some lawmakers wanted to restore a provision banning civil unions. But no such proposal was brought forward for a vote.

"The chances of this making it are getting slimmer and slimmer," said Robert Dion, a political science professor at the University of Evansville. "The yearslong push just took a big body blow. The Senate was the place to make the last stand — and it didn't even happen."

The House previously removed the civil union ban to gain enough Republican support to pass the amendment, which now simply bans same-sex marriage.

Supporters were disappointed at the outcome but vowed to continue fighting for the measure, known as House Joint Resolution 3.

"We view this as a delay, not a defeat," said Eric Miller, founder and executive director of Advance America, a conservative advocacy group pushing the amendment. "We're still going to work to pass a constitutional amendment to protect marriage between a man and a woman."

The Senate's decision came after intense lobbying from those on both sides of the issue. As senators made their way into the chamber, competing chants from a couple of hundred sign-waving supporters and opponents filled the hallways.

The months of lobbying and Thursday's boisterous atmosphere stood in stark contrast to the dead silence on the Senate floor that followed a request for proposed changes. Several senators had filed potential alterations, but none was offered for a vote after it became clear at a private GOP caucus that the changes lacked the votes to pass.

"At first, I almost missed it because I was so excited to hear what they were saying," said Angie Suggs, an amendment opponent celebrating afterward with the crowd. "Once they said they weren't going to amend it, I thought I was stuck in time. I thought, 'Did I really hear that?'"

For Suggs, the issue is a personal one. She and her lesbian partner plan to get married in March in Iowa. "So this really hit home for us. We want a life together. We just want protection for our rights."

The General Assembly first approved the same-sex marriage ban — with a second sentence that also barred civil unions — in 2011. Supporters, including Gov. Mike Pence, wanted lawmakers to approve that version for the required second time so that it could go to voters for a final vote during the November general election.

Pence has said he wanted it passed this year rather than in 2016. That's when, presumably, he would be running for re-election.

What happened Thursday could create problems for supporters and Pence.

"You can't help but read this as a defeat for (the governor) this year," said Joseph Losco, a political science professor at Ball State University. "Each year we see a tick up of support for same-sex marriage and against the amendment."

Supporters aren't going to wait around for that.

Conservative advocacy groups say they plan to make the voting records of lawmakers an issue in upcoming elections.

"We will be back next year, pushing to take this issue to the people of Indiana," said Micah Clark, executive director of the American Family Association of Indiana.