Just wondering. What does prop 8 mean for Ellen DeGeneres?

[leftyladyfrommo]

You know, that is just really awful if it means that all those people who finally thought they could get married are now illegal - or at least not married in the eyes of the law.

[Systematic Chaos]

1. Not to mention George Takei (Star Trek) who just got married a couple weeks ago.

I saw him and his partner interviewed just before the wedding and they both looked so happy.

[rox63]

2. I don't know if Prop 8 invalidates marriages that have already taken place

I did hear Ellen give a major shout out to Keith O this morning, for his special comment decrying the passage of Prop 8.

[stray cat]

3. No word yet on whether it has an effect on previous marriages is there?

I also suspect the CA courts will nullify prop 8

[bushisanidiot]

4. I dunno. Maybe she and several others should demand to be arrested since they are now

illegally married. That would get some good press for us. "Gays thrown in jail for marrying."

[underseasurveyor]

5. I heard that it will not affect those already married

They will still retain legal marriage status. It only affects and prevents marriage rights AFTER the vote passed.

Assholes:mad:

[Starry Messenger]

6. It's still up in the air.

Jerry Brown says this shouldn't be retroactive though, so that's promising.

[Sabriel]

7. How could it NOT nullify those past marriages?

If it doesn't, then you'll have two groups, one enjoying married status, one not. I don't know how they're going to reconcile that discrepancy.

[GreenPartyVoter]

8. There is no language in the prop that makes it retroactive, therefore it does not

affect currently married couples. (According to Whoopi on the View the other morning.)

[petronius]

11. I think it's going to require some clarification from a higher court

Even though the language wasn't specifically retroactive, it could be argued that 'recognition' of marriage is an ongoing active process, and that banning the recognition nullifies the marriages. On the other hand, there's the idea that people should be allowed to rely on the law as it currently stands, so people who made life-changing decisions nder one framework should not be retroactively punished.

Personally, I'd like to see Prop 8 tossed out entirely, but I'm not sanguine about it. If I had to guess, I'd put my money on prop 8 being allowed to stand and existing marriages converted to domestic partnerships... :(

(Caveat: IANAL.)

[Kajsa]

9. The former, legal marriages remain

legal through a grandfather clause.

This is true if it's not retroactive.

[suston96]

10. It's in the US Constitution - "ex post facto"....Google it.

http://www.connorboyack.com/blog/ex-post-facto-law