"It's a referred ballot measure because we should let the voters decide. I'm not asking you to make the decision, I'm simply asking that we put this before the people of Colorado," Lundberg told the House Judiciary Committee.

The committee killed the measure on a 6-5 party line vote after Democrats said it was unconstitutional and would cost taxpayers to defend in court if it passed.

Cathryn Hazouri, representing the American Civil Liberties Union, said the measure would probably face a court challenge if lawmakers tried to put it on the ballot.

"It's just plain wrong to write discrimination into the constitution," she told lawmakers.

She said the title of the referred measure mentioned nothing about civil unions, which would also be excluded.

"Clearly this is a deceptive title," she said.

Lundberg said voters are smart enough to figure out what it meant.

Last year, Lundberg failed to get a majority of members in the Republican-controlled House to back GOP Rep. Marilyn Musgrave's proposed gay marriage amendment to the U.S. Constitution.

Michael Brewer, spokesman for Equal Rights Colorado, said the state already has a statutory ban on legal recognition of gay marriage. In 2000, lawmakers and Gov. Bill Owens approved a "Defense of Marriage Act" restricting marriage to between one man and one woman.

Supporters said a constitutional amendment is needed because the statute could be easily overturned in court or by the Legislature.

Last November, 11 states outlawed same-sex marriage.

By Steven K. Paulson, AP

This entry was posted on Tuesday, May 03, 2005 at 5:09 PM. Want to discuss? Leave a comment below.