Republican presidential candidates say stocking the Supreme Court with conservatives and considering a constitutional amendment to give states the right to regulate marriage are two ways the GOP can fight back against Friday’s ruling that legalized gay marriage around the country.
Both ideas, coincidently, would require voters to put one of these candidates in the White House in 2017.
RELATED: Complete coverage of the gay marriage ruling
Both Sen. Marco Rubio, R-Fla., and former Texas Gov. Rick Perry said shoring up the highest court in the land needs to be a top priority for the next Republican president.
“While I disagree with this decision, we live in a republic and must abide by the law,” Rubio said. “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.”
Rubio said the question of same-sex marriage is more about “definition of an institution, not the dignity of a human being.”
Perry made an outright pledge to appoint the right justices to the court were he to win the White House.
“I fundamentally disagree with the court rewriting the law and assaulting the 10th Amendment,” he said. “Our Founding Fathers did not intend for the judicial branch to legislate from the bench, and as president, I would appoint strict constitutional conservatives who will apply the law as written.”
The decision had others thinking about ways to amend the Constitution. Wisconsin Gov. Scott Walker said that the “only alternative left for the American people is to support an amendment to the U.S. Constitution to reaffirm the ability of the states to continue to define marriage.”
“I believe this Supreme Court decision is a grave mistake,” Walker’s statement said. “Five unelected judges have taken it upon themselves to redefine the institution of marriage, an institution that the author of this decision acknowledges ‘has been with us for millennia.’ In 2006 I, like millions of Americans, voted to amend our state constitution to protect the institution of marriage from exactly this type of judicial activism.”
“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,” he added.
But Walker’s idea got some pushback from another candidate, Sen. Lindsey Graham, R-S.C. He predicted that amending the Constitution is virtually impossible at this point given public sentiment on the issue. “[G]iven 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. “Rather than pursing a divisive effort that would be doomed to fail, I am committing myself to ensuring the protection of religious liberties of all Americans.”
Louisiana Gov. Bobby Jindal had the same fear — that the next step would be to start dismantling religious freedoms.
“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,” he said. “Marriage between a man and a woman was established by God, and no earthly court can alter that. This decision will pave the way for an all out assault against the religious freedom rights of Christians who disagree with this decision.”
“I call on Congress to make sure deeply held religious views are respected and protected,” said retired neurosurgeon Ben Carson. “The government must never force Christians to violate their religious beliefs.”
“In a country as diverse as ours, good people who have opposing views should be able to live side by side,” said former Florida Gov. Jeb Bush. “It is now crucial that as a country we protect religious freedom and the right of conscience and also not discriminate.”
Former Arkansas Gov. Mike Huckabee issued a vague call to action. “I will not acquiesce to an imperial court any more than our Founders acquiesced to an imperial British monarch,” he said. “We must resist and reject tyranny, not retreat.”
As expected, Democrats broadly supported the ruling. Hillary Clinton opposed gay marriage in favor of allowing civil unions late in her previous presidential campaign. But today, her response showed just how much her position has changed.
“Along with millions of Americans, I am celebrating today’s landmark victory for marriage equality, and the generations of advocates and activists who fought to make it possible,” Clinton said in a statement. “From Stonewall to the Supreme Court, the courage and determination of the LGBT community has changed hearts and changed laws.”
“What a day for our country — join me in celebrating today’s decision and thanking the advocates who helped make it happen,” said former Maryland Gov. Martin O’Malley.
