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Mike Huckabee: Gay marriage is still ‘illegal’ because the Supreme Court ruling was too confusing

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It’s starting to seem like Mike Huckabee doesn’t really understand the Constitution.

The Republican presidential candidate argued earlier this week that the infamous 1857 Dred Scott decision remained “the law of the land” — although the 14th Amendment overturned that ruling a little more than a decade later.

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Huckabee made another staggering claim about the judicial branch Thursday during a discussion about defiant Kentucky clerk Kim Davis with the Family Research Council’s Tony Perkins.

“The governor can fix this very simply by simply saying he’ll change the form,” Huckabee said. “Now the question is, does he have the authority to do that? And if so, under what authority?”

According to Kentucky Gov. Steve Beshear’s attorney, the legislature must vote on the composition of marriage licenses — although the governor did issue an executive order following the U.S. Supreme Court ruling on marriage equality to remove gender-specific language to comply with the law.

“This is where this all gets very confusing, and it’s why the haste to rush into implementing same-sex marriage is so ridiculous,” Huckabee said. “Frankly, Tony, it’s why it’s so illegal, is because this has left the whole country in a state of ambiguity and confusion.”

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Huckabee pointed to a Tennessee judge who refused to grant a divorce to a straight couple, saying that conservative jurist’s deliberate protest of the Obergefell decision showed the world had gone topsy-turvy.

The former Arkansas governor then argued that Davis, who succeeded her mother as Rowan County clerk in January, was not obligated to follow laws that went into effect after she took office.

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In fact, Huckabee argued, she could face potential felony charges if she “arbitrarily” changed the wording on marriage licenses issued by her office.

“When she was elected to that position, she was operating under the Kentucky constitution that expressly says that marriage is between a man and a woman,” Huckabee argued. “So that’s what she was elected on, that is the job she is doing, and there is a specific statute in Kentucky law that if she just arbitrarily changes the wording of the marriage license, that’s a felony.”

The GOP candidate is technically correct that Davis is not authorized to alter marriage licenses, but she has been directed by the governor, state attorney general and several judges to issue marriage licenses to same-sex couples — but she refuses to do so.

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“So here’s the question: Which law does she follow?” Huckabee pondered. “The ambiguous and unconstitutional judicial tyranny ruling of the Supreme Court that has not yet been codified? Or does she follow the specific constitutional and statutory requirements under Kentucky law, under which she was elected?”

U.S. District Court Judge David Bunning, who has authority over the case after the U.S. Supreme Court declined to hear Davis’ appeal, has already answered Huckabee’s questions and even jailed the county clerk after she refused his offer to issue the licenses or step down from her elected position.

“I just really am disappointed that some of the people think the way to handle this is just have public officials resign their jobs, because they’re going to go ahead and surrender to what Jefferson called judicial tyranny,” Huckabee said.

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Enjoy this piece?

… then let us make a small request. Like you, we here at Raw Story believe in the power of progressive journalism — and we’re investing in investigative reporting as other publications give it the ax. Raw Story readers power David Cay Johnston’s DCReport, which we've expanded to keep watch in Washington. We’ve exposed billionaire tax evasion and uncovered White House efforts to poison our water. We’ve revealed financial scams that prey on veterans, and efforts to harm workers exploited by abusive bosses. We’ve launched a weekly podcast, “We’ve Got Issues,” focused on issues, not tweets. Unlike other news sites, we’ve decided to make our original content free. But we need your support to do what we do.

Raw Story is independent. You won’t find mainstream media bias here. We’re not part of a conglomerate, or a project of venture capital bros. From unflinching coverage of racism, to revealing efforts to erode our rights, Raw Story will continue to expose hypocrisy and harm. Unhinged from corporate overlords, we fight to ensure no one is forgotten.

We need your support to keep producing quality journalism and deepen our investigative reporting. Every reader contribution, whatever the amount, makes a tremendous difference. Invest with us in the future. Make a one-time contribution to Raw Story Investigates, or click here to become a subscriber. Thank you.



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Before Trump eyed Greenland: Here’s what happened last time the US bought a large chunk of the Arctic

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Editor’s note: Reports that President Donald Trump has urged aides to look into buying Greenland make us think of the last time the United States bought a major territory in the Arctic: the purchase of Alaska from Russia in 1867. Two years ago, we asked William L. Iggiagruk Hensley, a visiting professor at the University of Alaska Anchorage, to write about that historic sale.

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CNN’s Jake Tapper confronts Trump adviser Navarro with long list of experts calling him a disaster

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In a highly contentious interview on CNN's "State of the Union", host Jake Tapper confronted Donald Trump's top economic adviser, Peter Navarro, with a seemingly endless list of economists, analysts and business publications who believe he and his economic advice have both been a disaster and that he is not being straight with the public.

After refusing multiple times to concede that President Donald Trump's trade war -- and accompanying tariffs -- are having any effect on an economy that many financial prognosticators believe is headed towards a recession, Tapper confronted the White House adviser with the list of his critics -- including the Wall Street Journal.

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Internet goes wild over ‘obviously drunk’ Larry Kudlow on Fox News: ‘He’s lying while slurring his words’

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Speculation was rampant on Sunday that White House economic adviser Larry Kudlow was drunk on Fox News.

"There is no economic recession in sight," Kudlow insisted to Fox News Sunday host Dana Perino.

Twitter, however, was buzzing about Kudlow's speech patterns instead of his questionable economic optimism.

"Pretty sure Larry Kudlow is drunk on my TV right now... And he is lying while slurring his words," one Twitter user noted.

"Kudlow is on fox news Sunday right now and from my 30 yrs of tending bar, I gotta say this guy appears drunk," another user observed.

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