Comments on NPR by Erwin Chemerinksy and Mathew Staver

11/13/08 Morning Edition:

Chemerinksy argues that Proposition 8 is not retroactive:

"There is a general presumption in California law that changes in rights apply only prospectively, and by this notion, since Prop 8 doesn't say it applies retroactively, any existing same-sex marriage would still be valid."

Liberty Counsel founder Mathew Staver argues that Proposition 8 is retroactive:

"When [the U.S. Constitution's 13th Amendment] was passed, it abolished slavery. You were not grandfathered in as a slave holder, and you did not carry on your property interest in a slave after passage of the 13th Amendment."