Indiana is home to some 6.5 million people, so of course some of them are going to be LGBT. This is especially true in the larger areas such as the Indianapolis metro area. While the state’s capital has one of the larger LGBT populations in Indiana, there are also gay neighborhoods and communities in cities like Fort Wayne, Evansville, and Bloomington. If you’re talking to a gay or lesbian realtor about moving to Indiana, they may suggest one of these larger cities. They may also relay some of the following information about the state and how it treats its gay and lesbian citizens.
Early Decriminalization and Same-Sex Marriage Ban
States such as Texas continues to have sodomy laws on their books until 2003, but Indiana actually removed its same-sex sexual activity laws back in 1977. While the state wasn’t exactly embracing the LGBT community, lawmakers and citizens did at least realize that what consenting adults did behind closed doors was their own business.
In 1986, a state statute prevented same sex marriage, and in 1997, legislation passed that refused to recognize same-sex marriages from other states. Some conservatives in the state began trying to pass a constitutional amendment stating that marriage was between a man and a woman in 2004, but it failed. The amendment was put forth every year thereafter, and while it did pass both houses in 2005 and 2011, it never went to a vote of the people due to a number of different reasons. Polls conducted in 2012, 2013, and 2014 all showed that the citizens of the state were fairly split on the issue.
The case of Baskin v. Bogan in 2014 challenged the 1986 ban, and in June of that year, the ban was struck down. A stay was not issued, and marriage licenses were issued for two days before the Seventh Circuit ordered a stay following an appeal by the Indiana Attorney General. However, the Seventh Circuit upheld the lower court’s decision, and it passed on to the Supreme Court. On October 6, 2014, the U.S. Supreme Court passed on hearing this appeal, making same sex marriage legal.
Adoption
Single LGBT people may adopt children as permitted by Indiana statutes, and in 2006, the Court of Appeals extended this right to all unmarried couples, including LGBT couples. Local courts in some areas have also stated that same-sex partners may adopt their partner’s adopted or biological children.
Hate Crimes
Indiana does not classify crimes based on sexual orientation or gender identity as a hate crime.