Well, the lawyer was wrong because Thurgood Marshall wasn't on the Supreme Court that eliminated separate but equal. He litigated those cases.
I don't think it's an ex post facto law any more than the Defense of Marriage Act was. It doesn't punish. More to the point, it tells the government how to act going forward. Jerry Brown has said that he will defend the marriages already enacted, and he will defend the law as well. If he can pull off this trick, then I suppose married gay couples could go to Massachusetts or some other friendly place and not have to get married again to be considered married.
As to black support for Proposition 8, why should we be surprised? Pick your oppressed group. The experience of racism has never automatically caused sweeping empathy for other cultural groups that experienced racism, nor has it caused groups to wake up and challenge the sexism in their own cultures.
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