During an appearance Sunday on ABC's
This Week, Republican presidential candidate Mike Huckabee
claimed that jailed Kentucky clerk Kim Davis was fighting “judicial
Huckabee is planning to attend a rally
Tuesday for Davis, the elected clerk of Rowan County who was taken
into custody on Thursday after a federal judge found her in contempt
for ignoring his ruling ordering her to issue marriage licenses to
all qualified couples. Davis, an Apostolic Christian, has said that
her faith will not allow her to issue such licenses.
The day after Davis was jailed, deputy
clerks at her office began issuing marriage licenses to gay couples.
Huckabee, an outspoken opponent of LGBT
rights, told host George Stephanopoulos that Davis was being
“What we've seen here is the
overreach of the judicial,” he
said. “This, if allowed to stand without any congressional
approval, without any kind of enabling legislation, is what
[President Thomas] Jefferson warned us about. That's judicial
When asked if he would support a clerk
unwilling to issue marriage licenses in 1967 after the Supreme Court
invalidated interracial marriage bans in Loving v. Virginia,
Huckabee responded that the situations were different.
“If a clerk at that time had said,
'My religious beliefs forbid me from issuing this license,' would you
support that?” Stephanopoulos asked.
“It's not the same George, not even
close, because in Loving you still had a marriage which was a
man and a woman and it was equal protection but it didn't redefine
marriage,” he answered.
“But you didn't have laws
implementing the ruling then, either. So, would it have been okay to
defy the Supreme Court in that case?”
“Again, it's a very different
equation altogether, because this is a redefinition. Marriage is not
defined in the federal Constitution at all, it's a matter for the
states. And applying the 14th Amendment to the equality
of men and women in their relationship in marriage is totally
different than redefining marriage,” Huckabee answered.
Stephanopoulos tried again, saying “in
both cases you have the Supreme Court saying that state laws don't
further the Constitution, don't further the 14th
“No, it's not [the same],” Huckabee
Later in the interview, Huckabee said
that he would consider resigning or going to jail as president if he
was forced to choose between following the law and his religious