Prop 8 and the ex post facto law - cougarguard.com — unofficial BYU Cougars / LDS sports, football, basketball forum and message board

ute4ever · 11-05-2008, 05:54 AM

The US Constitution says that no ex post facto law may be passed. In other words, assuming Prop 8 passes, the state cannot retroactively overturn the marriages that occured between June 17 and the day Prop 8 is rendered law (which should be tomorrow should it not?)

Do I understand that correctly? Although there won't be any new marriages, CA will be bound to honor every marriage from the past 5 months? If so, the lawsuits that some people feared concerning gay LDS temple marriages should still have legitimate standing.

exUte · 11-05-2008, 06:28 AM

Quote:

Originally Posted by ute4ever

The US Constitution says that no ex post facto law may be passed. In other words, assuming Prop 8 passes, the state cannot retroactively overturn the marriages that occured between June 17 and the day Prop 8 is rendered law (which should be tomorrow should it not?)

Do I understand that correctly? Although there won't be any new marriages, CA will be bound to honor every marriage from the past 5 months? If so, the lawsuits that some people feared concerning gay LDS temple marriages should still have legitimate standing.

Go ahead and honor them. Put a little gold star on their foreheads and honor them. They still have the same rights as they had under civil unions. They just can't have the 'honor' of being called married.

TripletDaddy · 11-05-2008, 08:04 AM

Quote:

Originally Posted by ute4ever

The US Constitution says that no ex post facto law may be passed. In other words, assuming Prop 8 passes, the state cannot retroactively overturn the marriages that occured between June 17 and the day Prop 8 is rendered law (which should be tomorrow should it not?)

Do I understand that correctly? Although there won't be any new marriages, CA will be bound to honor every marriage from the past 5 months? If so, the lawsuits that some people feared concerning gay LDS temple marriages should still have legitimate standing.

the temple didnt marry any gays in the past 5 months, so there are no temple-married gays that would have standing to bring such a suit.

CardiacCoug · 11-05-2008, 11:09 AM

I'm just glad that there will never be another child who will have to learn about the existence of gay people.

What a relief.

11-05-2008, 05:54 AM	#1
ute4ever I must not tell lies Join Date: Aug 2005 Posts: 5,103	Prop 8 and the ex post facto law The US Constitution says that no ex post facto law may be passed. In other words, assuming Prop 8 passes, the state cannot retroactively overturn the marriages that occured between June 17 and the day Prop 8 is rendered law (which should be tomorrow should it not?) Do I understand that correctly? Although there won't be any new marriages, CA will be bound to honor every marriage from the past 5 months? If so, the lawsuits that some people feared concerning gay LDS temple marriages should still have legitimate standing.

11-05-2008, 11:09 AM	#4
CardiacCoug Member Join Date: Sep 2007 Location: Houston, TX Posts: 471	I'm just glad that there will never be another child who will have to learn about the existence of gay people. What a relief.