Tuesday, March 06, 2007

SJR-7 - A Can of Worms and Full of Unintended Consequences (Which is Good for Lawyers - Keeps Us Fed)

Here's an interesting web site against SJR-7, "Stop The Amendment, Inc."

SJR-7, if passed in this year's General Assembly, will submit the following amendment to the Indiana Constitution to Indiana voters: "ARTICLE 1 OF THE CONSTITUTION OF THE STATE OF INDIANA IS AMENDED BY ADDING A NEW SECTION TO READ AS FOLLOWS: Section 38. (a) Marriage in Indiana consists only of the union of one man and one woman. (b) This Constitution or any other Indiana law may not be construed to require that marital status or the legal incidents of marriage be conferred upon unmarried couples or groups."

I'm a lawyer. My practice is business law, including defending businesses and business owners accused of criminal behavior. I'm already prepared to attack the constitutionality of Indiana's protective order statutes when it comes to anyone other than a married couple if this amendment passes.

I also have a motto based on experience - more laws, especially ambiguous ones ripe with unintended consequences such as this amendment, are good for lawyers but usually bad for society. They are good for lawyers because they give us more work. They are bad for society because they rarely cause any good, and usually cause heartache, division and the waste of time and money on disputes, rather than the advancement of Indiana.

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