it's win-win: if she doesn't get jail time, she will retain her liberty. however, if she gets thrown in the slammer, she's in a sexy situation with oodles of chicks
Would it or would it not violate the constitution's prohibition of ex post facto laws? That seems like a good defense to invalidate at least the retroactive part of the law, but I haven't heard anyone talk about it.
Maybe. Both the California and U.S. constitutions prohibit ex post facto laws, but it's really hard to say if it will apply here.
If there is an attempt in the state to invalidate the same-sex marriages, the best argument against it, under the U.S. constitution, would be the Contracts Clause.
"No State shall...pass any Law impairing the Obligation of Contracts"
Basically, this means that a state can't pass a law invalidating contracts that have already been entered. It was the main basis for constitutional challenges of the actions of state governments before the passage of the 14th Amendment.