Friday, June 19, 2015

Ex Post Facto Laws

I have this History professor that I have taken twice.  I passed the class the first time around but I made a C because of my absences.  I took him again because I wanted an A.  An A is what I got the second time around.  I always learn stuff from him.  This second time around is where ex post facto laws came into my thinking.  States are prohibited by the Constitution from making these laws.

What are Ex Post Facto Laws?  It is defined as follows:
An Ex Post Facto law is a retroactive law that ultimately changes the legal status or consequences of actions committed or relationships that may have existed prior to the formal enactment of the law.
Prior to the 1930s, birth certificates were public records.  Everyone had access to them.  These records were sealed to protect the adoptive family, not the biological family.  According to Elizabeth Samuels, many of the original members did not want this privacy.  It was forced upon them by the adoption industry and societal mores.  It often came with the threat of arrest and incarceration. 

Many of the sealed adoption record laws are Ex Post Facto laws which are prohibited by Congress and the states.  Neither are allowed to create them.  It is now a violation of our constitutional rights.  We can talk about privacy rights all we want but we are reacting to what they, being the axis of evil, throw at us.  No one has the right to total anonymity.  Absolutely NO ONE.  The right to privacy extends only to prevent governmental interference into the family.  Since sexuality isn't an issue with original birth certificates, the state governments have no right to interfere with the lives of ADULT adoptees and access to their personal papers. 

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