So, Mike Huckabee believes that states can ignore SCOTUS if they side with gay marriage. He told radio host Hugh Hewitt:
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.Hugh asked if he wanted the county clerks to invoke civil disobedience and Huckles said:
Well, the point is states would be in a position that their legislatures would have to go into session. They would have to create legislation that the governor would sign. If they don’t, then there is not same sex marriage in that state. Now if the federal courts say well, you’re going to 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. It’s not unlike we’ve seen other legislation. In my own state, when we had school funding legislation that had to be passed, the courts ruled, but we didn’t start sending out checks the next day. We called a special session, we negotiated through it. The courts didn’t tell us what the formula had to look like. They just told us the one we had wasn’t Constitutional. In that case, I agree with them. They were right. We fixed it.Umm, good luck with that notion, Mike.