Two days after the Indiana State Senate Judiciary Committee passed a bill that would only recognize marriage between one man and one woman, the Boston Tea Party of Indiana responded with a statement supporting equal rights, privileges, and immunities under the law to all people in Indiana. The party’s state committee called for “an immediate repeal of all state laws attempting or intending to restrict or define the term ‘marriage.”

“This week, we celebrate the legacy of Dr. Martin Luther King, Jr.,who warned us that ‘an injustice anywhere is a threat to justice everywhere,’” said Douglass Gaking, chair of the Boston Tea Party of Indiana. “Regardless of how you feel about the moral decisions of the GLBT (Gay, Lesbian, Bisexual and Transgendered) community, individuals in a free society must refrain from forcing their morals upon others.”

“Leadership is defined as inspiring others to devote their greatest efforts toward a common goal,” added Chairman Gaking. “Change happens through the inspiration of leaders who, as Ghandi said, are the change they want to see in the world. Coercion through legislation that threatens the liberty of our society is no means to encourage others to adopt the morals you hope them to subscribe to.”

The BTP’s resolution came two days after the State Senate Judiciary Committee approved SJR-13, a joint resolution that “provides that only a marriage between one man and one woman shall be valid or recognized as a marriage in Indiana.” The resolution also “provides that a legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.”

The BTP’s response cites a 1905 U.S. Supreme Court comment which declared the individual’s power of contract to be unlimited: “He owes nothing to the public so long as he does not trespass upon their rights”

The Boston Tea Party is America’s fastest growing libertarian political party. The party endorses candidates who agree with the party’s one-sentence platform: “The Boston Tea Party supports reducing the size, scope and power of government at all levels and on all issues, and opposes increasing the size, scope and power of government at any level, for any purpose.” The Indiana affiliate of the party was founded in June 2008 and endorsed the candidacies of Rex Bell for State Assembly and Andy Horning for Governor.

The complete BTPIN resolution passed on January 23rd reads as follows:

Whereas State Senator Carlin Yoder has proposed resolution SJR-13 which ”Provides that only a marriage between one man and one woman shall be valid or recognized as a marriage in Indiana. Provides that a legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. This proposed amendment has not been previously agreed to by a general assembly;”

Whereas, the Senate Judiciary Committee passed SJR-13 on January 21st;

Whereas the United States Supreme Court declared in Hale v. Henkel, 201 US43 in 1905, “[The individual's] power to contract is unlimited, … he owes no duty to the State, … since he receives nothing there-from, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State….. He owes nothing to the public so long as he does not trespass upon their rights;”

Whereas in a free society ‘marriage’ would be a private contract between individuals of no concern to the state;

Whereas the state currently grants special privileges and immunities to those under formal state-sanctioned marriage-contracts, and

Whereas discrimination against ANY voluntary segment of society by government entities is both abhorrent and a violation of the Bill of Rights …

Be it RESOLVED that the Boston Tea Party of Indiana opposses Senator Yoder’s SJR-13.

Be it further RESOLVED that the Boston Tea Party of Indiana supports the rights of all people in Indiana (including Gay, Lesbian, Bisexual and Transgendered (GLBT) people) to equal rights, privileges and immunities under the law and calls for an immediate repeal of all state laws attempting or intending to restrict or define the term ‘marriage.