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Republican Colorado legislators on Tuesday failed to get a constitutional ban on same-sex marriage onto the November ballot following debate in which opponents called it an attempt to write discrimination into the state constitution. Republican representative Kevin Lundberg said recent attempts by gays and lesbians in other states to obtain legal recognition for their unions threaten the institution of marriage. "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. But the committee killed the measure on a 6-5 party line vote after Democrats said it was unconstitutional and would cost taxpayers to defend the measure 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 legislation also would prohibit civil unions even though its title mentions only marriage. "Clearly this is a deceptive title," she said. Lundberg said voters are smart enough to figure out the intention of the measure. Last year Lundberg failed to get a majority of members in the Republican-controlled house to back GOP congresswoman Marilyn Musgrave's proposed amendment to the U.S. Constitution banning same-sex marriage. Michael Brewer, spokesman for Equal Rights Colorado, said the state already has a statutory ban on legal recognition of same-sex marriage. In 2000 lawmakers and Gov. Bill Owens approved a "defense of marriage" act restricting marriage to 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 year 13 states outlawed same-sex marriage by amending their constitutions. Religious groups are supporting similar measures in about 15 other states over the next two years. (AP)
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