Not only was Kentucky clerk Kim Davis trying to act in accordance with her religious beliefs, but she was following the law she was elected under, GOP presidential candidate Mike Huckabee insisted Wednesday while making the rounds of the early morning cable shows.
The former Arkansas governor, appearing on MSNBC, CNN, and Fox News Wednesday, continued with his defense of Davis against "judicial tyranny," saying that she objects to issue licenses under her name to same-sex couples.
On Fox News' "Fox and Friends,"
Huckabee said he decided to put a rally together for the clerk as soon as she was ordered to jail for refusing a judge's order to issue marriage licenses.
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"I was incensed that a person elected by the people, following the only law in front of her, was put in jail," said Huckabee. "It didn't matter she was Democrat. She was an American and she shouldn't have had that happen to her."
He also told Fox that as Davis was elected under Kentucky law, it "would be a felony to issue a license outside of that...that's why I'm saying if Kim Davis can go to jail, who's next, your pastor?"
"The Supreme Court can't make law," Huckabee told CNN's "New Day" program.
"They interpreted law, but the Supreme Court can't make it. Only Congress can make law."
And when it comes to the Constitution, Huckabee said, "what we sometimes miss is the Supreme Court can be wrong. The Dred Scott decision of 1857 said that black people weren't fully human. I don't think anybody would like to go back and say that's the law of the land. It's never been repealed. But it was soundly ignored."
Further, Huckabee pointed out that Kentucky considers marriage to be between a man and a woman and hasn't changed its law.
Meanwhile, Huckabee argued with MSNBC's "Morning Joe"
hosts Joe Scarborough and Mika Brzezinski over many of the points of the case, including whether Davis, who has been married and divorced several times, should be denied a license from someone who does not believe divorced people should remarry.
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Huckabee, a former minister, called the argument an "obscure hypothetical," and said the matter was one of law as well as religious freedom, and that it is not up to the Supreme Court to set laws that are not approved by Congress.
"When the courts become political and when the courts begin to be the super legislative body, which is what has happened here, that's a dangerous path on which we're going to lose this great republic," he said. "When it is separate from the two other branches of government, that is dangerous to the future of the republic and it is something to which we should absolutely resist."
He also denied reports that fellow GOP candidate Ted Cruz was blocked from being on stage during Davis' rally after she was released from jail on Tuesday.
"He was welcome to get in the crowd and be there," said Huckabee. "We didn't know he was coming until just the day before. Obviously, we were delighted he wanted to show up and show his support. I invited him to come back and visit with Kim Davis, which he did. I'm not sure what the buzz is."
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