Right before the New Hampshire vote, Trump refused to say clearly whether he will look for judges who would overturn Obergefell, the decision that imposed gay marriage on all 50 states. He once again says it’s a states’ rights issue. But he says only he will “prefer that they stand against, but we’ll see what happens. It depends on the judge”:
GEORGE STEPHANOPOLOUS: Let’s talk about another issue, social issue, on voters’ minds today, gay marriage. Last Sunday, on Fox News Sunday, you said you would strongly consider appointing Supreme Court justices to overturn the ruling that every state must offer gay marriage. But later this week, you said this to a reporter of the New England Cable channel:
STEPHANOPOLOUS: But just last Sunday, you said you would strongly consider appointing justices who would overturn –
DONALD TRUMP: I’m talking about bringing people together, and I would appoint justices – it would take a long time, frankly, because I don’t know how long it would take to appoint –
STEPHANOPOLOUS: But you want them to overturn that Supreme Court decision?
TRUMP: If they – I would appoint them, and we will see how they will vote.
STEPHANOPOLOUS: But how does that move us to equality?
TRUMP: We’ll find out. I mean, we’re going to find out. There’s a lot of people that want to see that, but I would – more important than anything else to me, this country is so divided right now, as per her question. This country is so totally divided – it’s probably almost never been as divided as it is right now, and we have to bring it together.
STEPHANOPOLOUS: But a majority of Americans now support the idea of gay marriage, wouldn’t it be divisive to try to overturn it?
TRUMP: It has, it has really been determined, and we will see what happens. We’re gonna look at judges, they’re gonna be great judges, they’ve gotta be conservative judges. We’re gonna see how they stand, depending on what their views are, but that would be my preference.
STEPHANOPOLOUS: See, that’s what I mean – where do you want them to stand?
TRUMP: I would prefer that they stand against, but we’ll see what happens. It depends on the judge.
STEPHANOPOLOUS: And how does that move us to equality for gays and lesbians?
TRUMP: Well, I think what will happen is – look, George, very simple. We’re going to bring our country together. We’re going to unify our country. We’re going to do whatever we have to do. I’m gong to put the absolute best judges in position. If their views – we’re going to see what their views are, I will make the determination at that time.”
STEPHANOPOLOUS: But what do you say to gays and lesbians that think that overturning that decision is not unifying our country, it’s dividing our country?
TRUMP: Well, I think I understand what they’re saying, and we’re gonna see what happens. It’s a long way off, George. It’s a long way off.
Give him credit for not making promises he doesn’t plan to deliver on. But what will it mean for our Constitution if Trump selects the next Supreme Court majority?
Maggie Gallagher is a senior fellow at the American Principles Project.