Huckabee: Arkansas clerks could deny gay couple unions

Conway, Ark. (AP) — Republican presidential candidate and former Arkansas Gov. Mike Huckabee said Thursday that since Arkansas hasn't changed its laws to accommodate same-sex marriages, county clerks could rightfully withhold licenses from gay couples.

During a brief press availability Thursday at the Conway Country Club, Huckabee answered a handful of questions— most of them about his recent rallies for Kentucky county clerk Kim Davis. Huckabee has been an outspoken supporter of the Democratic public official who spent time in jail after refusing court orders to issue marriage licenses to gay couples.

"If the Arkansas Legislature or the federal Congress — the people's elected representatives — believe that the Supreme Court has properly interpreted the Constitution, then it is their duty to codify that into law and to express that into the form of legislation. Then it is the duty of the executive to sign it and agree to enforce it," Huckabee said when asked what advice he would give Arkansas clerks.

Huckabee didn't say the clerks should flout the court decision, but said they should "follow the only law they have in front of them."

Current Gov. Asa Hutchinson and Attorney General Leslie Rutledge have told Arkansas clerks to comply with the June U.S. Supreme Court ruling legalizing the unions.

The governor's office when asked Thursday about Huckabee's comments said the state's policy remains the same.

"The governor has already weighed in on this subject," said spokesman J.R. Davis, pointing back to Hutchinson's directive issued to clerks in June.

Hutchinson said at the time that it was up to clerks "to follow their own conscience," adding that their job required them to issue same-sex marriage licenses and that it was not discretionary after the Supreme Court ruling.

In an emailed statement, Rutledge's spokesman wrote that her direction to clerks also has not changed.

"Like the former Governor (Huckabee), Attorney General Rutledge has been clear in her disappointment regarding the legalization of same-sex marriage and that the Supreme Court chose to ignore the traditional role of the States to define marriage," wrote spokesman Judd Deere. "However, her guidance as Arkansas Attorney General to officials of the State of Arkansas as well as government officials of Arkansas counties and municipalities to issue and recognize the validity of same-sex marriage licenses has not changed."

In Arkansas, the Cleburne County clerk resigned in June saying she could not issue the licenses because of her faith. Two other clerks in Randolph and Van Buren counties briefly said they would not issue the same-sex marriage licenses, but changed their minds.

Huckabee said he believed the judicial branch had overreached in both the Supreme Court decision and in the Kentucky judge's decision to send Davis to jail without bail.

By Claudia Lauer, Associated Press. Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

The Gayly – September 10, 2015 @ 5:25pm.