Prominent Republicans hint at pulling a Faubus on gay marriage | Arkansas Blog

Tuesday, June 16, 2015

Prominent Republicans hint at pulling a Faubus on gay marriage

Posted By on Tue, Jun 16, 2015 at 9:19 AM

Talking Points Memo reports on opponents of gay marriage suggesting that they will not "honor" a ruling from the Supreme Court that ends state bans on gay marriage: 

With a decision in Obergefell v. Hodges expected before the end of June, conservatives are confronted with what was only a few years ago a nearly unthinkable possibility: a Supreme Court decision that decisively makes same-sex marriage a constitutional right.

Fearing a huge setback to their cause, opponents of same-sex marriage, including some of the major contenders for the 2016 GOP presidential nomination, are darkly warning that they will not "honor" an adverse Supreme Court decision. Some are calling for civil disobedience. Others are moving to strip the Supreme Court of its authority to decide whether gay couples should be allowed to marry, while others have questioned whether the court has that jurisdiction in the first place. Sen. Ted Cruz (R-TX) has said that such a decision would be "fundamentally illegitimate."

Among those quoted is presidential candidate Mike Huckabee

Presidents have understood that the Supreme Court cannot make a law, they cannot make it, the legislature has to make it, the executive branch has to sign it and enforce it. And the notion that the Supreme Court comes up with the ruling and that automatically subjects the two other branches to following it defies everything there is about the three equal branches of government.

Talk of nullification excites both bases (fires up evangelical right wingers scared of the coming change; fires up liberals scared of crazy right wingers). But my not-so-bold prediction is that no one will have to call in the National Guard to get county clerks to follow the law. No one will be storming the courthouse to snatch marriage certificates from the hands of newlywed couples.  If the Supreme Court ends the gay marriage bans, same-sex couples across the country who wish to get married will get married. People like Huckabee and Sen. Ted Cruz and state Sen. Jason Rapert will shout that the world is ending. But the world will not end. We will simply live in a country in which gay couples have the same right to marry as straight couples. 

Huckabee has said, "we will not obey" if the Court overturns the marriage bans. Sure seems like what he means is … more of the same. He will express his great displeasure at same-sex couples who love each other choosing to get married. Same-sex couples will get married, despite the bummer this presents for Huckabee. And Americans will decide, over time, whether they really want to spend their time being bummed about same-sex couples who love each other getting married. 

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