GOP presidential candidates condemn SCOTUS decision on legalizing same-sex marriage

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Immediately after the U.S. Supreme Court legalized same-sex marriage in all 50 states Friday morning, the presidential candidates weighed in on the 5-4 ruling.

Although everyone of the Republican candidates condemned the decision, there remains a dispute about whether conservatives should fight for a constitutional amendment to reverse the High Court’s decision.

Marco Rubio said the decision had short-circuited the political process that has been underway at the state level for years.

“While I disagree with this decision, we live in a republic and must abide by the law. As we look ahead, it must be a priority of the next president to nominate judges and justices committed to applying the Constitution as written and originally understood. The next president and all in public office must strive to protect the First Amendment rights of religious institutions and millions of Americans whose faiths hold a traditional view of marriage. This is a constitutional duty, not a political opinion. Our nation was founded on the human right of religious freedom, and our elected leaders have a duty to protect that right by ensuring that no one is compelled by law to violate their conscience. I firmly believe the question of same sex marriage is a question of the definition of an institution, not the dignity of a human being. Every American has the right to pursue happiness as they see fit. Not every American has to agree on every issue, but all of us do have to share our country. A large number of Americans will continue to believe in traditional marriage, and a large number of Americans will be pleased with the Court’s decision today. In the years ahead, it is my hope that each side will respect the dignity of the other.”

Jeb Bush told CNN that he does not believe in fighting for a constitutional amendment.

“Guided by my faith, I believe in traditional marriage,” the former Florida Governor said in a statement. “I believe the Supreme Court should have allowed the states to make this decision.  I also believe that we should love our neighbor and respect others, including those making lifetime commitments.  In a country as diverse as ours, good people who have opposing views should be able to live side by side.  It is now crucial that as a country we protect religious freedom and the right of conscience and also not discriminate.”

Protecting religious freedom was a theme that many of the candidates stated in their responses.

“While I strongly disagree with the Supreme Court’s decision, their ruling is now the law of the land,” said Dr. Ben Carson. “I call on Congress to make sure deeply held religious views are respected and protected. The government must never force Christians to violate their religious beliefs.”

Carly Fiorina blasted the decision as “only the latest example of an activist Court ignoring its constitutional duty to say what the law is and not what the law should be.”

However, she did say that she agreed with the Court that all Americans should receive equal benefits and rights from the government under the law. “I have always supported this view.  However, this decision was also about the definition of marriage itself. I do not agree that the Court can or should redefine marriage. I believe that responsibility should have remained with states and voters where this conversation has continued in churches, town halls and living rooms around the country. Moving forward, however, all of our effort should be focused on protecting the religious liberties and freedom of conscience for those Americans that profoundly disagree with today’s decision.”

She added that, “The Court did not and could not end this debate today. Let us continue to show tolerance for those whose opinions and sincerely held beliefs differ from our own. We must lead by example, finding a way to respect one another and to celebrate a culture that protects religious freedom while promoting equality under the law.”

Former Arkansas Governor Mike Huckabee called the ruling “unconstitutional.”

“The Supreme Court has spoken with a very divided voice on something only the Supreme Being can do-redefine marriage. I will not acquiesce to an imperial court any more than our Founders acquiesced to an imperial British monarch. We must resist and reject judicial tyranny, not retreat.”

He said the ruling was not about marriage equality, but marriage redefinition.

“This irrational, unconstitutional rejection of the expressed will of the people in over 30 states will prove to be one of the court’s most disastrous decisions, and they have had many. The only outcome worse than this flawed, failed decision would be for the President and Congress, two co-equal branches of government, to surrender in the face of this out-of-control act of unconstitutional, judicial tyranny.”

“The Supreme Court can no more repeal the laws of nature and nature’s God on marriage than it can the law of gravity,” Huckabee continued. “Under our Constitution, the court cannot write a law, even though some cowardly politicians will wave the white flag and accept it without realizing that they are failing their sworn duty to reject abuses from the court. If accepted by Congress and this President, this decision will be a serious blow to religious liberty, which is the heart of the First Amendment.”

Another social conservative, former Pennsylvania Senator Rick Santorum, compared the ruling to the Dred Scott decision, which held that blacks, whether enslaved or free, could not be American citizens and therefore had no standing to sue in federal court.

“Now is the people’s opportunity respond because the future of the institution of marriage is too important to not have a public debate,” he said in a statement. “The Court is one of three co-equal branches of government and, just as they have in cases from Dred Scott to Plessy, the Court has an imperfect track record.”

Scott Walker directly called for amending the constitution.

“The states are the proper place for these decisions to be made, and as we have seen repeatedly over the last few days, we will need a conservative president who will appoint men and women to the Court who will faithfully interpret the Constitution and laws of our land without injecting their own political agendas,” Walker said.

Former Texas Gov. Rick Perry said he is disappointed with the ruling and pledged to “appoint strict Constitutional conservatives who will apply the law as written.”

Louisiana Governor Bobby Jindal, the latest entrant to the presidential race, was one of the first candidates to fire off a statement, saying, “the Supreme Court decision today conveniently and not surprisingly follows public opinion polls, and tramples on states’ rights that were once protected by the 10th Amendment of the Constitution. Marriage between a man and a woman was established by God, and no earthly court can alter that,” adding that “this decision will pave the way for an all out assault against the religious freedom rights of Christians who disagree with this decision.”

Donald Trump used the occasion to take another shot at Jeb Bush, whom he has been targeting specifically in recent days. ‘Once again the Bush appointed Supreme Court Justice John Roberts has let us down. Jeb pushed him hard! Remember!,” Trump tweeted.

South Carolina Senator Lindsey Graham called himself a “proud defender of traditional marriage,” but went on to say that but said he will “respect the Court’s decision.”

“Given the quickly changing tide of public opinion on this issue, I do not believe that an attempt to amend the U.S. Constitution could possibly gain the support of three-fourths of the states or a supermajority in the U.S. Congress,” Graham said in a statement. “Rather than pursing [sic] a divisive effort that would be doomed to fail, I am committing myself to ensuring the protection of religious liberties of all Americans.”

The reaction was quite different on the Democratic Party side.

“Proud,” Hillary Clinton tweeted Clinton, who didn’t support same-sex marriage until after she stepped down as Secretary of State in 2013, an indication of how fast public opinion on the issue has changed.

Former Maryland Governor Martin O’Malley praised a Maryland couple who helped lead the way in fighting for same-sex marriage equality. “Reminded of Will and his moms on the day we passed marriage equality in MD,” he tweeted under of a three-year-old photo of then 3-year-old Will Lewis-Benson laughing between his mothers, Amy Lewis and Tricia Benson. “There’s no greater human right than love.”

Bernie Sanders tweeted that, “For far too long our justice system has marginalized the gay community and I am very glad the Court has finally caught up to the American people.”

Mitch Perry

Mitch Perry has been a reporter with Extensive Enterprises since November of 2014. Previously, he served five years as political editor of the alternative newsweekly Creative Loafing. Mitch also was assistant news director with WMNF 88.5 FM in Tampa from 2000-2009, and currently hosts MidPoint, a weekly talk show, on WMNF on Thursday afternoons. He began his reporting career at KPFA radio in Berkeley and is a San Francisco native who has lived in Tampa since 2000. Mitch can be reached at [email protected].



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