Santorum: 'Because the Supreme Court Says Something Doesn't Necessarily Mean It's Law'

Former Sen. Rick Santorum (R-Pa.) said he’s siding with Rowan County, Ky., clerk Kim Davis, stressing “because the Supreme Court says something doesn’t necessarily mean it’s a law of the land.”

Davis, who served six days in jail for contempt of court for refusing to issue same-sex marriage licenses, has split the Republican presidential field. Former Arkansas Gov. Mike Huckabee and Sen. Ted Cruz (R-Texas) dashed to her side in Kentucky, while Louisiana Gov. Bobby Jindal and Sen. Rand Paul (R-Ky.) have also expressed their support.

Sen. Marco Rubio (R-Fla.), fomer Florida Gov. Jeb Bush, Wisconsin Gov. Scott Walker, and Ben Carson have advocated a middle ground between conscience protections and the law. Davis has returned to work and said she won’t get in the way of deputies issuing licenses to gay couples, but has also warned that they’re probably not valid without her signature.

Donald Trump, Carly Fiorina, Ohio Gov. John Kasich, New Jersey Gov. Chris Christie, Sen. Lindsey Graham (R-S.C.), and former New York Gov. George Pataki have said she needs to follow the law or find a different job.

“It’s my belief is when the Supreme Court acts beyond their constitutional authority, then we have every obligation to fight that,” Santorum told CNN. “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 when the court — that’s called checks and balances. When the court exceeds its authority, the Congress and the Senate — the Congress, excuse me, and the president should push back.”

The Supreme Court, he argued, “did not provide anything that Kim Davis had to issue a marriage license” and “said, very clearly, that there had to be accommodations provided for people of faith.”

Santorum said 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.”

“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,” he said.

Gov. Steve Beshear has said convening an emergency session of the legislature is not necessary in Davis’ case.