Neither the question nor the answer should ever be a surprise.
The time, and location of proposal are the surprise.
When I asked my now wife, I knew for sure she was going to say yes, and I knew she would want a simple ring with her birth stone instead of a diamond.
She had no idea I was going to ask her in the manner I did while we were out camping. that was the surprise for her. Not the question itself.
I'm confused as to how it would even be illegal....
Are we sure we don't want to implement mandatory cognitive tests for the presidency?