(Indianapolis, Indiana) After failing for a number of years to get a proposed amendment banning same-sex marriage on the ballot in Indiana two state lawmakers believe they have found a way to advance it – specifically create wording that would not bar domestic partner benefits.

State Reps. P. Eric Turner (R) and Dave Cheatham (D) say that by excluding the possibility domestic partner benefits could be denied from the measure, it is likely to gain support.

Indiana already has a so-called Defense of Marriage law that bars same-sex marriage and civil unions, but Turner and Cheatham say it could be overturned by the courts.

The opinion is supported by the conservative Arizona-based Alliance Defense Fund which has endorsed the proposed amendment.

“Judges and politicians should never impose a system that knowingly deprives a child of a mom and a dad,” said ADF spokesperson Austin Nimocks in a statement.  Nimocks will be in Indianapolis when the amendment is filed.

“A constitutional amendment is the best way to ensure marriage is protected from activism, as has been demonstrated in the 30 other states that have adopted one,” he said.

Last January, the last attempt to advance a constitutional ban on same-sex marriage passed the Senate but House Leader Patrick Bauer (D) would not allow it to  come to a vote.

At the time, Bauer said the existing DOMA was sufficient and there were more pressing issues to deal with.  Bauer said Tuesday that his opinion has not changed.

If the measure were to pass both houses in this session of the legislature, it would need approval again in 2011 or 2012 to get on the 2012 ballot.