Fox News host, former Arkansas Governor and possible 2016 GOP presidential candidate Mike Huckabee was upset yesterday when the U.S. Supreme Court refused to overturn lower court decisions that legalized gay marriage in five states.
“It is shocking that many elected officials, attorneys and judges think that a court ruling is the 'final word,'" Huckabee said, noted the New Republic.
“It most certainly is not," claimed Huckabee. "The courts are one branch of government, and equal to the other two, but not superior to either and certainly not to both. Even if the other two branches agree with the ruling, the people's representatives have to pass enabling legislation to authorize same sex marriage, and the President (or Governor in the case of the state) has to sign it. Otherwise, it remains the court's opinion. It is not the 'law of the land' as is often heralded.”
During an interview with radio talk show host Steve Deace on Monday, Huckabee recalled the U.S. Supreme Court decisions about school-sponsored prayer, abortion and gay marriage, noted RightWingWatch.org (audio below).
“Well, the courts have spoken and it’s an important voice, but it isn't the voice of God and the Supreme Court isn’t God. Just because the U.S. Supreme Court issues an opinion, if the other two branches of government choose not to agree that they have not correctly interpreted the Constitution" then "it's not law yet," claimed Huckabee.
However, the U.S. Supreme Court ruled in 1859 in the case of Ableman v. Booth that states cannot overrule or nullify federal courts per the Supremacy Clause as Huckabee urged them to.
Also in the interview, Huckabee made the false claim that gay rights activists only wanted civil unions for years, but recently changed their minds and called for gay marriage (audio below).
Huckabee added that he hoped “somewhere there will be a governor who will simply say, ‘No, I’m not going to enforce [gay marriage].’”
However, that trick was already tried in 1957 by Arkansas Gov. Orval Faubus who tried to disregard the U.S. Supreme Court ruling on school desegregation. Gov. Faubus sent the Arkansas National Guard to stop black children from entering a white school.
President Dwight Eisenhower put the Arkansas National Guard under federal control and sent in the U.S Army to enforce the U.S. Supreme Court decision, notes AmericasLibrary.gov.