Presidential hopeful Michele Bachmann on Sunday would not answer whether she believes being gay is a choice but added that as president she wouldn't judge people based on their sexual orientation.

The Minnesota Representative, who is opposed to gay rights, and, as a Minnesota State Senator, pushed for an amendment to the state constitution banning gay marriage, was asked if as president she would nominate a Supreme Court justice who favored marriage equality during an appearance on CBS' Face the Nation.

Bachmann told host Bob Schieffer that New York's Friday decision to legalize gay marriage would inevitably lead the Supreme Court to rule on the issue.

“Ultimately, it will go to the courts. As President of the United States, I will only nominate judges who are not activist judges, who are not legislating from the bench,” Bachmann said.

“Would that be a litmus test for you, someone who was for same-sex marriage?” Schieffer asked.

“My primary test will be the constitution,” she answered. “They need to be a strong constitutionalist and recognize that just as the justices should not act outside of the bounds, neither should the Congress, neither should the president.”

“Do you think homosexuality is a choice?” he asked.

“I firmly believe that people need to make their own decisions about that,” Bachmann said. “But I am running for the presidency of the United States. I am not running to be anyone's judge. And that's where I'm coming from in this race.”

Earlier, in a Fox News Sunday interview, Bachmann said she was OK with New York's decision to legalize gay marriage.

Bachmann's remarks contradict her support for controversial youth pastor Bradlee Dean, an anti-gay minister who believes gay people are criminals.