Republicans backed Justice Antonin Scalia on Friday, agreeing that the Supreme Court stomped on U.S. democracy with its 5-4 ruling to legalize same-sex marriage nationwide.
“I write separately to call attention to this court’s threat to American democracy,” Scalia wrote in his dissent.
“Today’s decree says that my ruler, and the ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court.”
Complete coverage of the gay marriage ruling
While Republicans reacting to the decision did not specifically mention Scalia, they shared similar sentiments.
“I will not acquiesce to an imperial court any more than our founders acquiesced to an imperial British monarch. We must resist and reject judicial tyranny, not retreat,” presidential candidate and former Arkansas Gov. Mike Huckabee said.
In echoing Scalia, House Speaker John Boehner, R-Ohio, said the court disregarded the democratic will of millions of Americans.
“I am, however, disappointed that the Supreme Court disregarded the democratically enacted will of millions of Americans by forcing states to redefine the institution of marriage,” Boehner said.
Florida Sen. Marco Rubio accused the court of short-circuiting the right of the American people to decide the issue at the state level.
“That is the right of our people, not the right of the unelected judges or justices of the Supreme Court. This decision short-circuits the political process that has been underway on the state level for years,” the presidential candidate said.
Wisconsin Gov. Scott Walker, a potential presidential candidate, also highlighted that the decision was made by “five unelected judges” who ignored his state’s vote to ban same-sex marriage.
“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,” Walker said.
Speaking at an event in Colorado, former Hewlett-Packard CEO and GOP candidate Carly Fiorina said the court ignored millions who oppose same-sex marriage. “We have five justices that come out and say we know better.”
Rick Perry accused the court of acting as legislators. “I fundamentally disagree with the court rewriting the law and assaulting the 10th Amendment. Our founding fathers did not intend for the judicial branch to legislate from the bench,” the candidate said.
For Louisiana Gov. Bobby Jindal, the court appeased public opinion. “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,” the GOP candidate said.
However, not all GOP presidential candidates attacked the court. Two issued statements of respect for the court and its ruling.
“While I strongly disagree with the Supreme Court’s decision, their ruling is now the law of the land,” neurosurgeon Ben Carson said.
South Carolina Sen. Lindsey Graham offered a similar opinion. “[T]he Supreme Court has ruled that state bans on gay marriage are unconstitutional, and I will respect the court’s decision.”
Two legal experts offered differing opinions regarding Scalia’s comments.
Roger Severino, of the conservative Heritage Foundation, agreed that the Court did in fact threaten American democracy in the case, but did not comment if the Court is threatening democracy at large.
“The Court ignored the voices of 50 million Americans who had voted to keep marriage between a man and woman,” he told the Washington Examiner.
Trevor Burrus of the libertarian Cato Institute disagreed with Scalia.
“The purpose of [the Supreme Court] is to thwart the democratic majority when it comes to enforcing the Constitution,” he said. Burris said the court’s purpose is to protect the Americans in the minority, like the LGBT citizens.
However, Burris said Scalia wasn’t wrong to make his comments. He said the justice has a specific legal worldview and that many of his opinions are often valid.
