Heilemann to Huck: Would You Support a Muslim Clerk Refusing Non-Muslims?

Heilemann to Huckabee: Would You Support A Muslim Court Clerk That Refused Marriage Licenses to Non-Muslims? (RealClearPolitics)

JOHN HEILEMANN, BLOOMBERG: Governor Huckabee, let me just ask you and make you an offer an analogy and an analogous question. If there were a Muslim court clerk who decided that because Islamic faith says that a non-Muslim can't marry a Muslim, if that clerk denied a marriage license on that basis and invoked his or her religious conscience and put in jail for contempt of court, would you have behaved the same way? Would you have gone down and stood with that person on the same grounds? 

FMR. GOV. MIKE HUCKABEE: If I'm understanding what you're saying, if the law specifically allowed people of different faiths, whether a Muslim and Christian or Jew and a Muslim, whoever it is, if the law specifically allowed for that and don't disallow it, then yes, that person should have to provide that marriage license. 

But the point is if that hadn't been legislated, if it never had been codified into law -- we're a people of law, not of politics. When the courts become political and when the courts begin to be the super legislative body, which is what has happened here, that's a dangerous path on which we're going to lose this great republic. 

You guys want to pick out some obscure hypothetical. I'm talking about the reality of when the courts venture into the territory that Jefferson, Adams, Lincoln, Jackson, Hamilton all warned about, and that is becoming its own body of law, separate from the two other branches of government. That is dangerous to the future of the republic and it is something to which we should absolutely resist.