From
yesterday's "This Week" show:
STEPHANOPOULOS: So what exactly are you calling on people to do right now? You say resist and reject this judicial tyranny. Spell out exactly what that means?
HUCKABEE: George, judicial tyranny is when we believe that the courts have a right to bypass the process of law and we've really seen it this week in two cases, in both the Obamacare case, which Justice Scalia called it - said we not - should call it SCOTUScare because they have rescued it twice, ex cathedra to the law, and then in the same-sex marriage ruling in which -
Huckabee avoids the interesting part of the question and concentrates on the criticism of the court. It's
tyranny, blah blah blah. Stephanopoulos interrupts to pin him down (and make some news!):
STEPHANOPOULOS: So are you calling for civil disobedience?
HUCKABEE: I don't think a lot of pastors and Christian schools are going to have a choice. They either are going to follow God, their conscience and what they truly believe is what the scripture teaches them, or they will follow civil law. They will go the path of Dr. Martin Luther King, who in his brilliant essay the letters from a Birmingham jail reminded us, based on what St. Augustine said, that an unjust law is no law at all.
But MLK and St. Augustine didn't anything about judicially declared
rights —
extra rights for the people, found (perhaps in error) by a court,
displacing laws on the theory that
those laws were unjust.
Huckabee makes that problem harder to see by getting us to look only at those who feel compelled by
religion to resist the Court's decision. But the case the Court just decided doesn't require "pastors and Christian school" to do anything. It only presents an occasion for disobedience to
government bureaucrats who find themselves bound to issue marriage licenses. These people can quit their jobs if their religion prevents them from doing what government is now required to do to avoid violating the rights of the citizens they have a duty to serve. No law violation is required.
Huckabee continues:
And I do think that we're going to see a lot of pastors who will have to make this tough decision. You're going to see it on the part of Christian business owners. You'll see it on the part of Christian university presidents, Christian school administrators. If they refuse to...
Huckabee is trying to steer the conversation into things he's
predicting will happen, requirements that might befall private citizens. It's not wrong to worry about these things. There are conflicts to come that will need to be resolved, but Huckabee is off the path Stephanopoulos invited him down, and Stephanopoulos knows it and asks exactly the right question:
STEPHANOPOULOS: What about county clerks? Should they issue same-sex marriage licenses?
HUCKABEE: If they have a - a conscientious objection, I think they should be excused. I'm not sure that every governor and every attorney general should just say, well, it's the law of the land because there's no enabling legislation...
Huckabee doesn't really want answer to that question. He won't call outright for resistance from the bureaucrats on the front lines of the marriage licensing function of government. The word "excused" suggests a benevolent reassignment of clerical workers with religious objection so they don't need to quit their jobs to avoid participating in what they view as a sin.
But
Texas attorney general Ken Paxton steps into the breach and goes big:
Clerks can refuse based on religious objections, Paxton told the Austin American-Statesman, and because the clerks will probably be sued, "numerous lawyers stand ready to assist clerks defending their religious beliefs," he said....