Joan Hollinger Says Prop 8 Won’t Apply Retroactively to Same-Sex Marriages

-Reason, Hit & Run blog, Nov. 5, 2008 by Jacob Sullum

According to Berkeley law professor Joan Hollinger, quoted last summer in The Advocate, “Constitutional scholars agree that the amendment cannot be effective retroactively,” since that would violate the U.S. Constitution’s prohibition of state laws “impairing the obligation of contracts.”

-The Daily Californian, Nov. 6, 2008 by Leslie Toy

“The decision of most of the people I’ve spoken to is that the marriages- and I’m told there’s over 18,000 of them that have occurred between the time of the Supreme Court decisions and yesterday-are going to remain valid marriages,” Hollinger said. “It would be most unusual for a constitutional amendment to apply retroactively.”

-The Daily Californian, Nov. 7, 2008 by Cynthia Moreno

“If you deny marriage as a fundamental right to same-sex couples, then you are classifying them as a group of people based on their sexual orientation,” she said. “This classification will question what the government interest is in respect to marriage.”