Gay Marriage Laws in Indiana

Currently, Indiana prohibits legal recognition for same sex marriage or for any relationship between same sex couples. In fact, Indiana passed the Defense of Marriage Act, which bans same sex unions through the use of language, without explicitly forbidding it. While the state does have a statute that bans Indiana gay marriages, they do not yet have an amendment in place that bans same sex marriage. In fact, those supporting gay marriage rights argue that the amendment will violate their constitutional rights. By attempting to pass the amendment, the state opens itself to lawsuits that challenge equal rights for the state's citizens.

There are many citizens that are supporting gay marriage rights and the benefits and responsibilities associated with the union. However, there are also many that still hold onto the definition of marriage that includes language describing a marriage as a union between a man and a woman. In fact, the state has tried to put an additional legal ban for gay marriage into place through a constitutional amendment.

However, the measure failed to pass and it cannot be voted on again until 2012. The state does have a statute that forbids same sex marriage but many argue that it is much easier to overturn a statue than it is to remove an amendment from the state's Constitution. Many that are supporting gay marriage, have fought hard to prevent the passage of the amendment. In fact, those supporting gay marriage believe that they can have the statute overturned before the new amendment is in place.


In Indiana, gay rights ideals are involved in a conflict between supporters and those that oppose equal rights for all. Many citizens are supporting gay marriage rights and do not want an amendment in place that would forbid same sex marriage. In Indiana, gay marriage rights are really undecided by the state.

If the constitutional amendment passes, it will be much more difficult for the LGBT community to obtain equal rights up to, and including marriage. However, if the amendment fails to pass, the state may overturn the statute and open the legal possibility of gay marriage in Indiana. Gay rights may be moving in the right direct, aiming for equality for all citizens, regardless of sexual orientation of gender identity. In Indiana, gay marriage is one right that will move equal rights in the right direction.