Kokomo Tribune; Kokomo, Indiana

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February 4, 2014

TOM LoBIANCO: A narrow miss on marriage ban, 163 years ago

Mennonite commissioner asks, what has changed since then?

The debate raging in the Indiana Legislature over banning gay marriage has become the central political issue of 2014. But it’s not the first time the state has weighed defining marriage in the state constitution.

Elkhart County Commissioner Mike Yoder, an amateur historian, recently unearthed what may have been the first attempt at a marriage amendment in Indiana, floated during the constitutional convention of 1851. Yoder said the current debate got him thinking about the creation of the state’s chief governing document ahead of his upcoming presentation before the Middlebury Chamber of Commerce.

“I’ve got a presentation at the annual meeting of the chamber in March, so usually those things cause you to do some research. I thought, since it looks like we’re going to be voting on a constitutional amendment, I started reading the Indiana constitution and the history of it,” he said. “I stumbled across [the 1851 proposal] and thought, ‘This is fascinating.’”

The amendment would have barred lawmakers from “impairing” the sanctity of marriage. “But no law shall ever be passed, in any manner impairing the unity and sacredness of the marriage relation,” read the proposal from Walter March, a delegate representing Grant and Delaware counties during the convention.

It was rejected by the delegates, 54-72. March, a Democrat and native of Massachusetts, played a key role in outlining the powers of the state’s judiciary system and would later go on to help found the Republican Party in Indiana.

More than 150 years later, it is another Democrat-turned Republican, Rep. Eric Turner, R-Cicero, driving the train on a marriage amendment — albeit with more gusto and significantly more debate than March faced.

That proposed constitutional ban is now being hashed out in the Indiana Senate with intense debate, lobbying and political maneuvers, and it could go before voters for approval as soon as November.

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