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Monday, January 04, 2016

Ind. Gov't. - Rep. Borders asks AG Zoeller for an advisory opinion on the constitutionality of various provisions of the Senate Bill 100

From a news release issued by the Indiana Family Institute, via attorney James Bopp:

Representative Bruce Borders today asked Indiana Attorney General Greg Zoeller for an advisory opinion on the constitutionality of various provisions of the Senate Bill 100 which confers special non-discrimination rights to people based on their sexual orientation and gender identity. Rep. Borders made the advisory opinion request at the suggestion of the Indiana Family Insitute.

"There are series questions about the constitutionality of certain provisions of Senator Holdman's Senate Bill 100 that the Attorney General needs to answer," said Rep. Borders. "We need to know what special rights are given under the Bill and whether it is clear enough for businesses to know what is required of them."
Here is the actual 6-page formal request for an advisory opinion submitted to AG Zoeller.

ILB: A check of the Indiana Code re the duties of the attorney general turns up this provision, dating back to 1889:

IC 4-6-2-5 Opinions
Sec. 5. The attorney-general shall give his legal opinion to the
governor upon request, touching upon any question or point of law
in which the interests of the state may be involved. He shall give his
opinion to any other state officer touching upon any question or point
of law concerning the duties of the officer; and also, to either house
of the general assembly or to any legislative agency created pursuant
to action of the general assembly, on the constitutionality of any
existing or proposed law, upon request by resolution of the house or
legislative agency, and he shall not be required to advise any other
officer or person.
(Formerly: Acts 1889, c.71, s.8; Acts 1959, c.230, s.1.)

Posted by Marcia Oddi on January 4, 2016 06:42 PM
Posted to Indiana Government