Former Arkansas governor and ex-Fox News host Mike Huckabee may be running for president in 2016.
Huckabee told radio host Hugh Hewitt on Tuesday that if the U.S. Supreme Court rules in favor on gay marriage, states do not have to allow gay marriage, noted Talking Points Memo.
According to HughHewitt.com, Huckabee said:
"One thing I am angry about, though, Hugh, is this notion of judicial supremacy, where if the courts make a decision, I hear governors and even some aspirants to the presidency say well, that’s settled, and it’s the law of the land. No, it isn’t the law of the land. 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."
"Well, if the federal Supreme Court rules that same sex marriage is protected under the 14th Amendment, you still have to have Congress and the President act to agree with it, because one branch of government does not overrule the other two."
"This idea that a judge makes a ruling on Friday afternoon, and Saturday morning same sex marriage licenses are being given out, that’s utter nonsense, because there’s not been any agreement with the other two branches of government, so I just want people to go back to their 9th grade civics class, and remember there are three branches equal, and that all three of them have to be in concert in order for something to become law. And the courts can’t make a law, and they don’t have the power to enforce a law."
The Huffington Post notes that an U.S. Supreme Court ruling would not "make law," but "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."
Huckabee also claimed that gay marriage would lead to polygamy, which has not happened in any state that has legalized same-sex marriage.
"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,'" stated Huckabee. "And who’s to stop that?"
CrooksandLiars.com notes that Huckabee has made similar claims on his former Fox News show (video below).