Is Personal Freedom in Indiana a Constitutional Right or Unauthorized Government Control?

(By Phyllis Klosinski of Brown County)

This Indiana Constitution language is explicit, limiting and deliberate, it controls government not YOU.

“No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.

The Libertarian Party Platform adheres to the Constitutional constraints protecting YOUR sole dominion over YOUR life. The Libertarian Party is committed to protecting theses rights, and stopping a government that over steps its boundaries.

This is why Libertarians oppose any law that keeps two people from living their lives as they wish.It’s why we oppose the government dictating to us the terms of marriage for anyone, not just same-sex couples.

Do Indiana Court Rulings over-rule the Constitution and your guaranteed inalienable rights of individual personal freedom? Rulings such as Morrison v. Sadler 2005 which determined:

“The State has no burden to demonstrate that the statute is constitutional, the burden is entirely upon the Plaintiff (The anti-gay marriage amendment side) to overcome the presumption of constitutionality and to establish a constitutional violation”;

Only the Indiana Constitution contains the authority for Legislators to consider passage of laws and only if those laws adhere to the provisions of the Constitution.

The Indiana Constitution does not contain any authority for the passage of laws which provide government control of marriage. The Amendment adding Section 38 defining marriage in civil law terms will impose unlimited government authority to define, condition, limit and control marriage.

The Constitution is the sole source of authority, therefore current Indiana Code which defines marriage, prohibitions and any and all requirements, licenses, terms, and conditions are not authorized by any current section of the Constitution. The passage of this “Marriage” Amendment would legalize the aspects of family law which are now not authorized under the same Constitution.

Some in the government claim government control is necessary to protect marriage, but none explain how the statutes controlling personal choice, including marriage, were ever enacted into law absent the required mandatory Constitutional authority. Instead Indiana Legislators have chosen to make statutes legal after the fact.

If you think Indiana is protecting you consider the language contained in amendments to HJR-6:

“The legislature has the power to define marriage and the legal rights, obligations, privileges, and immunities of marriage”: “Marriage between one (1) man and one (1) woman shall remain permanent until death do they part”.

Further consider SB 119 “ Covenant marriage” controlling by civil contract the lifelong commitment of marriage and HB 1248 requiring “The office of the secretary shall review research based marriage and relationship curricula for the purposes of IC 31-11-4.5-2(3)(F) and approve curricula that meets the criteria established by the office of the secretary”.

And finally SB 2 defining the “Authority to solemnize marriages” all authorizing Indiana to make personal determinations not authorized by the Constitution by nullifying YOUR Rights.

Every individual within Indiana law is under attack by even the proposal of laws which do not adhere to the Constitution, we must all set our individual preferences aside and unite to protect all equally.

The principles of the LP Platform are available for everyone, but YOU are the driving engine, YOU must protect Your Rights! In a series of comparisons between Constitutional Rights and proposed and enacted legislation, LP will provide continued information for the necessity of all citizens to act now to protect themselves from an out of control limitless Indiana government.

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