Indiana General Assembly passed amended HJR-3, a constitutional same-sex marriage ban

On January 28, 2014, the Indiana House of Representatives voted 57-40 to pass an amended version of House Joint Resolution 3, a proposed state constitutional amendment providing that "only a marriage between one man and one woman shall be valid or recognized as a marriage in Indiana," after first stripping a second sentence that would have also barred civil unions and domestic-partnership benefits. The Indiana Senate passed the same amended language 32-17 on February 17, 2014, completing the resolution's passage by the 2014 General Assembly; because Indiana requires an identically worded amendment to pass two separately elected General Assemblies before going to a public referendum, the change restarted that two-Assembly clock and the measure did not reach the 2014 ballot.

The Indiana Senate passed House Joint Resolution 3, a proposed constitutional amendment providing that "only a marriage between one man and one woman shall be valid or recognized as a marriage in Indiana," by a vote of 32-17 on February 17, 2014, completing the resolution's passage by the 2014 General Assembly. The House had passed the same amended language 57-40 on January 28, 2014, after voting 52-43 on January 27, 2014 to strip a second sentence from HJR-3 that would have banned civil unions and domestic-partnership benefits. Rep. Eric Turner, the resolution's Republican author, said the amendment was necessary to protect the state's existing statutory marriage definition from being overturned by a court, while House Minority Leader Scott Pelath said removing the second sentence did not "dismantle" the measure's underlying aim.

Under Indiana's constitutional-amendment process, an amendment must pass two separately elected General Assemblies in identical language before going to a public referendum; because the House had altered the wording from the version a prior General Assembly passed in 2011, the 2014 passage restarted rather than completed that two-Assembly requirement, and the amendment did not appear on the 2014 ballot. Freedom Indiana, the campaign that opposed the measure, said lawmakers were "finished with the amendment this session." The measure was never taken up again after 2014; the U.S. Supreme Court's June 2015 decision in Obergefell v. Hodges legalized same-sex marriage nationwide and mooted the effort before it could reach a second Assembly or a referendum.

Equal protection under the law requires that a state's constitution not be used to permanently foreclose legal recognition for a group of its residents' relationships. Here, both chambers of the Indiana General Assembly passed a proposed constitutional amendment restricting marriage recognition to opposite-sex couples, a measure that would have entrenched that restriction beyond the reach of ordinary legislation had it reached the ballot. This archive records when a legislature advances a constitutional amendment that would permanently deny a class of people legal recognition of their relationships.

  1. House Joint Resolution 3 - Marriage - Indiana General AssemblyIndiana General Assembly primary accessed July 20, 2026
  2. Indiana House Passes Amended HJR-3WBOI (NPR affiliate) investigative accessed July 20, 2026
  3. Indiana Marriage Amendment (2014)Ballotpedia secondary accessed July 20, 2026
  4. Indiana's HJR-3 officially off the ballot this yearWindy City Times secondary accessed July 20, 2026