Former Sen. Rick Santorum of Pennsylvania said Monday that the Supreme Court did not provide anything that specifically requires Kentucky clerk Kim Davis to issue same-sex marriage licenses, saying accommodations need to be provided for people of faith.
“The Supreme Court made a decision about same-sex marriage, again, which I believe was beyond their authority to do so, but it did not provide anything that Kim Davis had to issue a marriage license,” Mr. Santorum, a 2016 GOP presidential candidate, said on CNN’s “New Day.” “It said, very clearly, that there had to be accommodations provided for people of faith.”
Mrs. Davis said Monday she would not put her signature on marriage licenses for same-sex couples in the state but that her deputies could do so.
“Kim Davis was not cited for violating the Supreme Court decision. She was cited in contempt of court of one judge deciding that this is what the Supreme Court required,” Mr. Santorum said. “That’s why she’s asking for Kentucky to step in and to do what they should do, which is clarify what the obligations are in the state of Kentucky.”
Mr. Santorum said he would advise Mrs. Davis to follow her conscience.
“Because the Supreme Court says something doesn’t necessarily mean it’s [a] law of the land,” he said. “My belief is that when the Supreme Court acts beyond their constitutional authority, that we have every obligation to fight that, and I think if you look at Justice Roberts’ opinion, he said there’s no constitutional basis for this decision, that the court acted beyond its authority.”
“I think it’s the responsibility principally of the Congress and the president to push back. … That’s called checks and balances,” Mr. Santorum said. “When the court exceeds its authority, the … Congress and the president should push back.”
• David Sherfinski can be reached at dsherfinski@washingtontimes.com.
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