Gay Marriage & the Supreme Court: Mike Huckabee Hints at Ignoring SCOTUS Decision on Marriage Equality
Republican presidential hopeful Mike Huckabee said he would not support some of the Supreme Court's decisions, hinting at his stance on same-sex marriage. The former governor told Fox News' Chris Wallace he would defy court rulings despite the principle of judicial review.
On Fox News Sunday Wallace asked Huckabee about his previous statements on the U.S. Supreme Court, specifically about the Republican's statements on following court rulings.
"You also seemed to indicate that as president, you wouldn't necessarily obey court rulings, even the Supreme Court," Wallace mentioned, paraphrasing what Huckabee said on his presidential announcement.
"Many of our politicians have surrendered to the false god of judicial supremacy, which would allow black robed and unelected judges the power to make law as well as enforce it," explained Huckabee.
Wallace explained the precedent set by Marbury vs. Madison in 1803 established judicial review, which allows the court to invalidate laws it deems incompatible with the Constitution.
However, Huckabee argued judicial review does not grant the Supreme Court or any other court the ability to make laws.
"And the notion that the Supreme Court comes up with the ruling and that automatically subjects the two other branches to following it defies everything there is about the three equal branches of government," Huckabee continued. "Chris, the Supreme Court is not the supreme branch. And for God's sake, it isn't the Supreme Being. It is the Supreme Court."
Though it was not directly addressed, Huckabee's comment likely refers to the Supreme Court's impending decision on same-sex marriage. In June the court could uphold the decisions in various states overturning bans on same-sex marriage.
Though Huckabee argues the Supreme Court would be making legislation, the ruling would simply invalidate laws, which is what judicial review allows. By invalidating the laws, same-sex marriage would become legal and other laws banning it would be subject to the same scrutiny the first laws failed to pass.
Huckabee made similar comments about the Supreme Court's decisions on abortion and same-sex marriage during his May announcement.
"The Supreme Court is not the Supreme Being and they cannot overturn the laws of nature or of nature's God,'' he said.
An increasing number of Americans, however, do not see eye to eye with the former Arkansas governor. A Gallup poll released earlier this month showed record-high support for same-sex marriage in the U.S.
Sixty percent of respondents expressed support for same-sex marriage, up by five points from the last poll. Support among the two main parties and independents also increased. Both Democrats and Independents remained above 50 percent while Republican support saw a 7-point increase from 30 percent to 37 percent.
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