It seems pretty clear that the US Constitution takes precedent here. If a marriage was legal when they did it they can't be made not legal now. Just as an example, you could prosecute somebody for making booze after prohibition, but not for making booze before it went into effect. Artical I Section. 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law , or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
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mmmag
They may be able to stop it, but I don't think they can undo it.
Date: 2008-12-21 03:48 am (UTC)Just as an example, you could prosecute somebody for making booze after prohibition, but not for making booze before it went into effect.
Artical I
Section. 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law , or Law impairing the Obligation of Contracts, or grant any Title of Nobility.