January 21, 2015

Former Fox News talker Mike Huckabee is still foaming at the mouth over gay marriage and it makes me think that it's not just a religious bias that is moving him, but that's neither here nor there. He was on Hugh Hewitt's radio show and basically said that states do not have to listen to any Supreme Court decision that legalizes gay marriage.

Huff Post:

Former Arkansas Gov. Mike Huckabee disputed what he called the "notion of judicial supremacy" on Tuesday, arguing states would have the final say on gay marriage regardless of whether the Supreme Court rules that same-sex couples have a constitutional right to marry.

"One thing I am angry about though ... is this notion of judicial supremacy, where if the court makes a decision, I hear governors and even some aspirants to the presidency say, 'Well that's settled, it's the law of the land.' No, it's not the law of the land," Huckabee said in an interview with conservative radio host Hugh Hewitt.

"Constitutionally, the courts cannot make a law, they can interpret one and then the legislature has to create enabling legislation and the executive has to sign it and has to enforce it," Huckabee added.

A ruling from the high court, however, would not "make law," but rather would invalidate existing bans on gay marriage as unconstitutional. State legislatures would need no additional law to recognize same-sex marriages. Similar appellate court decisions have already done so in 36 states and the District of Columbia -- all of which now recognize same-sex marriages.

Conservatives hate judicial activism except when the court rules in their favor. The usual complaint from religious conservatives is that after gay marriage is the law of the land, we'll soon be able to marry our pets.

However, Huckabee said he was worried such a ruling would lead to polygamy.

"I think there’s going to be immediate cases filed where a person will say, 'Well, I’d like to marry two women, or I’d like to marry two men for a woman,'" he said. "And who’s to stop that?"

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