So Are Some Gay People More Equal Than Others?

[Me.]

Some get to be married, others don't. That I think may be the crux of one argument in California. Is it truly legal to only allow a right to part of a group?

[robinlynne]

1. If it is not legal to allow rights to only part of a group, then gay marriage must be legal, period.

[SoCalNative]

2. The ruling is based on prospective v. retroactive application of a law

Already black letter law that laws cannot apply retroactively unless expressly stated in the text and, in this case, it wasn't. The people who got married under the old regime are grandfathered in--a totally allowable legal precept.

[Me.]

4. Thanks For That Answer

Interesting and while today's ruling is a disappointment to the gay community the fact that there are legally married gays in Ca. moves things an inch forward as it is still ground gained, imho. Not enough if you've waited all your life to be accorded your legal rights, but the landscape is changing, however slowly.

[Ioo]

3. Yes, yes I am, and I hate that fact.

maybe they will allow us in the HOV lanes.

[Me.]

5. I Saw Your Earlier Post

Glad you're still married

[WolverineDG]

6. It's called "ex post facto"

It's in the Constitution. It prevents the government from making up new crimes & applying them retroactively. This principle is applied civilly as well, hence the term "grandfathering." Since many couples got married between the CA SC decision & the passage of Prop 8 when gay marriage was recognized by state law, they are protected by this principle.

dg

[Me.]

7. Thank You

[Ganja Ninja]

8. Apparently.

What's next? Do we take voting rights away from women or people of color?