Shurtleff, who could not be reached for comment Thursday, has pledged to defend the amendment if it's challenged in court.

During the past legislative session, the Utah Senate voted down SB89, which would have granted a few health and property-related benefits. Some who opposed the bill said it went against the spirit of Amendment 3, though Duncan and some other attorneys who supported Amendment 3 said the same-sex marriage ban was compatible with SB89.

Eyer also said that lawmakers who used Amendment 3 as an argument against SB89 were "erroneous."

Eyer said Utah's amendment "did not go out of the way to block people from the process."

Michael Mitchell, executive director of the gay rights advocacy group Equality Utah, said even if Amendment 3 doesn't bar bills such as SB89, "The thing I find very disheartening is . . . they (lawmakers) are doing anything they can to stop any sort of rights for gay people."

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Nebraska and Utah amendments

The Nebraska amendment reads: "(o)nly marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska."

The Utah Amendment reads: "Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect."

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E-mail: dbulkeley@desnews.com