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This delusional primary: Huckabee claims 'same-sex marriage is not the law of the land'

by Jeremy Hooper

The US Supreme Court did not "write a law," obviously. Instead, the majority found that same-sex couples have the right, under our constitution, to enter into civil marriages. In fact, the laws that were passed to try to muddy and ultimately stop that right (both federally, with DOMA, and with all the state marriage bans) are what court after court found unconstitutional; SCOTUS agreed.

But now listen to Mike Huckabee, a presidential candidate who wants nothing more than to entwine church and state into a covenant marriage, throw some red meat at Iowans in hopes that they will support his pipe dreams:

MIKE HUCKABEE: Well, let me correct you. Same-sex marriage is not the law of the land. And let me tell you why. Because the Supreme Court cannot make law. And so I know we say it is, but — let’s be very clear. Let’s go back to the fundamentals of the Constitution. Three branches of government equal to each other. Each has checks and balances with each other. No one branch can just do something and say, to heck with the other two branches. It doesn’t work like that.
FULL TRANSCRIPT: Mike Huckabee: “Same-Sex Marriage Is Not the Law of the Land” [The Pulse (an anti-gay conservative site)]

And of course Huckabee throws in Dred Scott since that's become the gross, cynical, and divisive talking point social conservatives love to toss out there in order to make our love seem like one of history's ugliest chapters. Huck says:

HUCKABEE: I don’t mean to overwhelm this, but here’s what I think we’ve got to understand. In history, there have been times — Jefferson, Jackson, Lincoln, all ignored Supreme Court decisions that they clearly knew were unlawful. The most notorious was the Dred Scott decision in 1857 which said black people weren’t fully human. Let me just ask, does anybody here agree that that decision was the right decision? I mean, it was the Supreme Court’s decision. So if the Supreme Court decides something and it’s now the law of the land, shouldn’t we now be disrespecting black people? Why do we not? Well, because one, Abraham Lincoln refused to accept it. He refused to abide by it. And he instead signed the Emancipation Proclamation and later we passed the Fourteenth Amendment, which codified into law what Lincoln said was the obvious law.
FULL TRANSCRIPT: Mike Huckabee: “Same-Sex Marriage Is Not the Law of the Land” [The Pulse (an anti-gay conservative site)]

But even in his disgusting attempts to play a "slavery" card, he trips up in his own rhetoric. Yes, he's right that Lincoln reacted in outrage to the heinous ruling. But until new laws were passed, Dred Scott was legally binding, something Lincoln himself acknowledged in his first inaugural address. The president and allies had to engage in political efforts to ultimately overturn the ruling and damage done.

And yes, a theoretical President Huckabee (shudder) could use the same political will, moving to pass new laws and even shooting for a far-fetched constitutional amendment. But that never-going-to-happen, only-in-Huck-and-Santorum's-dreams scenario still wouldn't change the fact that same-sex marriage, circa the summer of 2015, is the law of the land in all of these United States. This idea that it is not is simply Huckabee's delusion and nothing more. It is not a serious idea for a serious electorate.

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