The state Supreme Court refused Monday to resurrect the state’s anti-gay rights amendment, ruling that the measure that triggered a nationwide boycott of Colorado probably violated the U.S. Constitution.

A ruling on the amendment’s constitutionality will come when a civil lawsuit goes to trial in October.

The court said the initiative “to a reasonable probability” violates the Constitution’s 14th Amendment, which forbids states from denying equal protection under the laws to anyone.

Amendment 2, approved Nov. 4 by 53% of Colorado’s voters, would ban state and local laws prohibiting discrimination based on sexual orientation. It also would strike down gay-rights ordinances on the books in Aspen, Boulder and Denver.

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