Unenforceable gay marriage ban stays in state Constitution

Gay rights advocates and conservative groups appear ready to dig in again if there is an attempt to remove the gay marriage ban.

Both Zupanic and Gryczan said that rather than attempting to change the Constitution immediately, they see the next priority for gay rights advocates as pushing for legislation in 2017 that would make it illegal to discriminate against gay, lesbian and transgender people.

"Because there is no statewide protection against discrimination, I would be more inclined to put our efforts there instead of something that is symbolic at this point," Gryczan said.

After the judge ruled the amendments unconstitutional, then-Attorney General Mike McGrath wrote a legal opinion that said the decision restores the original language of the Constitution, even though the nullified language remains in the document.