In the context of the Constitution, a Bill of Attainder is meant to mean a bill that has a negative effect on a single person or group (for example, a fine or term of imprisonment). Originally, a Bill of Attainder sentenced an individual to death, though this detail is no longer required to have an enactment be ruled a Bill of Attainder.

an Ex Post Facto law is every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action. Every law that aggravates a crime, or makes it greater than it was, when committed. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed. 4th. Every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offense, in order to convict the offender.

from www.usconstitution.net

by birdboy1 on 06/12/2009 12:03:35 PM EST

[ Parent ]

Would you please expand your argument further?

I would like to read more about why you made this conclusion.

by DemonicBunny3po on 06/12/2009 02:21:22 PM EST

[ Parent ]
Ex Post facto law: a law that makes something illegal that was legal before.  Do I really need to explain this one?  
Bill of attainder:  a law that denies certain groups certain rights.  again, self explanitory.  
now for the contracts, a marriage is a contract, right?  So if you ban same-sex marriage, you ban the making of that certain contract between two people of the same sex.  This is unconstitutional.  The government is not allowed to impair the obligation of contracts.

by birdboy1 on 06/12/2009 07:16:44 PM EST

[ Parent ]

But, I think your argument is only good if the government tried to appeal the marriages already made, not for those not yet made.

In fact, there was a court case not too long ago that help prop 8, but said the marriages made while legal where still valid.

Sorry if I am not seeing how your argument prevents the banning of people getting a same-sex marriage.

by DemonicBunny3po on 06/14/2009 06:37:37 PM EST

[ Parent ]
on impairing the obligation of contracts: that is only on the existing marriages.  But the ex post facto law is not allowed to be passed, and banning same sex marriage is still a bill of attainder

by birdboy1 on 06/14/2009 09:38:55 PM EST

[ Parent ]