Ken Starr told the California Supreme Court that ballot initiatives had the power to take away rights of minorities. Marriages performed before the passage of Proposition 8, would no longer be valid under Starr’s view. He used the example of plural marriages to explain his point of view.
“If I may play with this hypothetical very briefly. Plural marriage permitted — we no longer want plural marriage. What do those who have — and this court actually had occasion to deal with that kind of issue — plural marriage lawfully entered into in the jurisdiction but this court wouldn’t recognize it. Why? Because it’s unlawful under the laws of the state. Is that fair? Well, then, this court said, you don’t simply say we’re not going to pay attention to the relationships. This is humanity. This has to be dealt with. The law is flexible. It’s supple. And that, of course, gave rise to another example of the punitive spouse doctrine.”
This video is from KGO, broadcast Mar. 5, 2009.