By Tim Evans

tim.evans@indystar.com

Saying the proposed constitutional amendment banning same-sex marriage "stands out as inappropriate" and would likely lead to "years of litigation and significant expense for individual citizens and Indiana businesses," the Indianapolis Bar Association today announced its formal opposition to HJR-3, the bill that would send the controversial amendment to a voter referendum.

The official position statement followed a survey of members last week that revealed nearly three-quarters supported publicly opposing the legislation, which includes companion bill HB1153.

Julie Armstrong, the association's executive director, said this is the first time in at least 20 years that the organization has surveyed its entire membership on a public policy issue. She said the proposed amendment's second sentence, which bars recognition of civil unions and other arrangements "substantially similar" to marriage, has been a focal point of growing contention.

"It started with a discussion about the public's lack of awareness, particularly with the second sentence of the proposed amendment,"Armstrong explained of the decision to poll members and issue a position statement.

"We just thought that if lawyers don't advise the public on how that effects Hoosiers, who can?"

The association reported that 2,196 attorneys, representing about 47 percent of the organization's nearly 5,000 members, took part in the survey. The results showed:

>73 percent favored publicly opposing HJR-3.

>20 percent favored taking no position.

>5 percent favored supporting HJR-3.

>1.5 percent had no opinion.

"Considering these survey results and the board's review of the proposed amendment and companion legislation, the Indianapolis Bar Association opposes passage of the proposed amendment and legislation," the organization said in a statement.

"First, based on Indiana constitutional history and precedent, the content of this amendment stands out as inappropriate. In the 163-year history of the State's constitution, it has been amended on subjects such as term limits, taxation, governmental structure, elections, and courts. Prior amendments dealt with what government could and could not do, and how the government is to be formulated and operated, not the regulation of its individual citizens."

The statement also noted members "expressed great concerns about the unintended consequences" of that second sentence on dozens of other Indiana laws. It cited "areas of family law, criminal law, employment law, health care law, and tax law."

"This uncertainty would likely lead to an interruption in the administration of justice, years of litigation," the statement said, "and significant expense for individual citizens and Indiana businesses."

The bar association is a voluntary membership organization of attorneys, judges, paralegals and law students. Founded in 1878, the association is governed by a 32-member board of directors.

Call Star reporter Tim Evans at (317) 444-6204. Follow him on Twitter: @starwatchtim.