Question about Mass. gay marraige

[ringmastery]

If gays get married starting in May, but in 2 years the voters of Mass. pass a state constitutional amendment banning it, what happens to the gays already married?

Is there marriage considered null and void or are they somehow granted amnesty from the decision because they got married in the limbo period?

[Mairead]

1. The US Constitution disallows ex-post-facto laws

So any amendment in Mass would simply stop future marriages. Those created during the interregnum would remain valid forever.

[mohc]

2. While we are asking questions...

Whatever happened to the Full Faith and Credit clause of the Constitution. The clause was put in for this very issue, such that items such as marriage or a driver's license from one state would be valid in all states. And yet with gay marriage it seems that the courts have decided a state can outlaw gay marriage and then not have to honor one from another state. Until there is a federal amendment, how is this not unconstitutional? So long as at least one state grants gay marriages and we can prevent the federal amendment (which requires we get 13 states against it), I would imagine its possible for someone to challenge these state laws based on the full faith and credit clause.

[Dookus]

3. this, of course

is why conservatives are so up in arms.

The courts will decide, but absent an amendment to the US constitution, I doubt they'll be able to deny recognition of such marriages nationwide.

[Lexingtonian]

4. yep, the DOMA problem

It hasn't been possible to challenge the 1996 federal DOMA law yet, simply because there haven't been plaintiffs with standing to do so. I suppose the way to get a test case is to have people married in e.g. Massachusetts who have moved to some anti-GM state apply for divorce in that other state. The whole house of cards ought to crumble.