Prop 8 Passes in California, Raises Contract Issues

Proposition 8, which bans same-sex marriage, was passed by voters in California. Assume the following facts, which probably are not too far fetched:

After the California Supreme Court decision allowing same-sex marriage, a same-sex couple in California books a banquet hall for their wedding. After booking the banquet hall, but before the wedding date, Prop 8 passes. Same-sex couples can no longer legally marry in California. The couple wants to cancel the banquet hall contract. Assume there is no hell or high water clause, or any similar provision addressing what would happen if the law changed.

Does the couple have an impossibility/ impracticability defense if they renege on the banquet hall contract? Frustration of purpose? What do you think?

[Meredith R. Miller]