Just a brief correction: "ex post facto" is a valid objection to retroactive law on criminal matters, but not civil. So, unfortunately, existing CA gay marriages could be ruled nullified or converted to civil union, etc. (about which, see the Volokh discussion).
Anyway, as mentioned, for tactical reasons, I think it's vital that straight marriages be also tested against Prop. 8's criterion. Somehow, I suspect 10,000 or so "traditional" marriages getting nullified would have a salubrious political effect.
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Date: 2008-11-08 01:09 am (UTC)Anyway, as mentioned, for tactical reasons, I think it's vital that straight marriages be also tested against Prop. 8's criterion. Somehow, I suspect 10,000 or so "traditional" marriages getting nullified would have a salubrious political effect.