Analysis: Proposed Amendment May Conflict with Constitution
SALT LAKE CITY (AP) -- A new analysis of the proposed state constitutional amendment to ban gay marriages raises the possibility of a conflict with the U.S. Constitution's Equal Protection Clause.
It said that it might be argued that the amendment "creates a classification of persons to whom the right to marry is not available."
It also raises a question about the amendment's second part, which prevents any other union from being given the same or substantially equal legal effect as a marriage.
"The scope of that prohibition may be more precisely defined by Utah courts as they interpret the provision in the context of lawsuits that may arise," said the analysis, which will be available Tuesday online at the state Elections Office, http://www.elections.utah.gov, and in printed form in October.