Mike Huckabee compared the same-sex marriage decision to the Dred Scott decision of 1857 in an attempt to defend county clerk Kim Davis, during a radio interview on Wednesday.

Mike Huckabee Says Dred Scott Decision Is Still “The Law Of The Land”

Huckabee joined host Michael Medved on his radio show to support Kentucky county clerk Davis this week. Davis went to jail for contempt of court after refusing to issue same-sex marriage licenses due to her religious beliefs. Huckabee, who threw Davis a rally upon her release from jail, took Davis’ story as an opportunity to emphasize his position against the Supreme Court’s recent decision that made same-sex marriage legal in all fifty states.

While speaking about it, the republican presidential hopeful compared the Supreme Court’s recent decision to legalize same-sex marriage to the Dred Scott decision, which determined that no black person, free or enslaved, could be a citizen of the United States.

“Michael, the Dred Scott decision of 1857 still remains to this day the law of the land which says that black people aren’t fully human,” Huckabee said. “Does anybody still follow the Dred Scott Supreme Court decision?”

Medved corrected the former Arkansas governor, explaining that the Dred Scott ruling was later overturned by a constitutional amendment.

“Well the Dred Scott decision was overturned by the 13th amendment and if you go look at the Lincoln-Douglas debates in 1858 right after the Dred Scott decision was adjudicated, Governor — and seriously it’s right there — Lincoln says, ‘we must respect this decision as the will of the court but I think it was wrongly decided and now we must overcome it,’” Medved pointed out.

The radio host later asked Huckabee if he became president whether he would try to overturn the Supreme Court’s same-sex marriage decision with a constitutional amendment.

“I don’t think that’s necessary,” Huckabee told Medved. “The Supreme Court in the same-sex marriage decision made a law and they made it up out of thin air. Therefore, until Congress decides to codify that and give it a statute it’s really not an operative law and that’s why what Kim Davis did was operate under not only the Kentucky Constitution, which was the law under which she was elected, but she’s operating under the fact that there’s no statute in her state nor at the federal level that authorizes her.”

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