Pelath seeks best strategy for defeating HJR 3

By Ryanne Wise and Erika Brock

The minority leader in the Indiana House is drafting an amendment to strip the controversial second sentence out of a constitutional proposal to ban same sex marriage.

But Rep. Scott Pelath said he's not certain he'll call the language for a vote. Instead, the Michigan City Democrat said he's analyzing the best way to defeat the proposal.

The constitutional amendment - House Joint Resolution 3 - would, first, define marriage as the union of a man and a woman. The second sentence would prohibit any legal relationship that is "identical or substantially similar" to marriage.

"My first approach is to extinguish the obvious stink bomb of the second sentence and if they are going to insist to move this forward, let's at least get that monstrous language out of there," Pelath said. "The second approach is letting HJR 3 die under its own lumbering brontosaurus-like weight."

Pelath said he'll talk to members of the Democratic caucus - who hold just 31 of the chamber's 100 seats - before deciding how to proceed.

An amendment to HJR 3 means the constitutional amendment process would likely restart. That could postpone a possible ratification by voters from this fall to 2016.

Republicans will likely be waiting for Pelath's decision as well. Rep. Casey Cox, R-Fort Wayne, voted for HJR 3 when it came before the House Elections Committee this week. But later, he said that he may vote against the proposal when it reaches the House floor next week.

Cox said he wants to "reconsider" the second sentence. He cited concerns raised by a lawyer with Indiana University, who said the provision threatens the school's ability to offer benefits to same-sex partners.

"I thought IU's council made some points that certainly need further discussion," Cox said. "The caucus really wanted this to come to the floor. I can understand that. If it remains intact, I certainly reserve the right to vote no."

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Pelath seeks best strategy for defeating HJR 3