- The Washington Times - Wednesday, January 21, 2015

Former Arkansas Gov. Mike Huckabee said the Supreme Court’s coming decision on same-sex marriage won’t be the final say on the matter, indicating the issue could still be front and center in the 2016 GOP presidential primary contest if Mr. Huckabee ultimately enters the race.

“I may be lonely, I may be the only one, but I’m going to stand absolutely faithful to the issue of marriage,” Mr. Huckabee said on radio host Hugh Hewitt’s show. “Not because it’s a politically expedient thing to do, [because] it isn’t. I’m going to do it because I believe it is the right position, it’s the biblical position, it’s the historical position.”

The Supreme Court announced last week that it would take up cases on the issue, setting the stage for a decision by late June on whether same-sex marriage is protected by the U.S. Constitution. Gays and lesbians currently can legally marry in 36 states and the District of Columbia.

But Mr. Huckabee said the high court’s decision still wouldn’t necessarily be the final word.

“One thing I am angry about … 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,” he said. “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.”

Mr. Huckabee said that “this idea that a judge makes a ruling on Friday afternoon and Saturday 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.”

He contended that state legislatures and governors would have to act.

“States would be in a position where their legislatures would have to go into session — they would have to create legislation that the governor would sign,” he said. “If they don’t, then there is not same-sex marriage in that state. Now, if the federal courts say, ‘well, you’re gonna have to do it,’ well, then you have a confrontation. At that point, somebody has to decide, ‘is the court right?’ If it is, then the legislation will be passed.”

The comments from Mr. Huckabee, who still has a tremendous following among evangelical Christian conservatives, appear to be a departure from those made recently by, for example, former Florida Gov. Jeb Bush.

As it became legal for gays and lesbians to wed in Florida earlier this month, Mr. Bush, another potential 2016 contender, said that “we live in a democracy, and regardless of our disagreements, we have to respect the rule of law.”

“I hope that we can also show respect for the good people on all sides of the gay and lesbian marriage issue — including couples making lifetime commitments to each other who are seeking greater legal protections and those of us who believe marriage is a sacrament and want to safeguard religious liberty,” Mr. Bush said.

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