“Current Law, But Not Settled Law”: Rubio Not Done Fighting Against Marriage Equality

For a presidential candidate who’s often preoccupied with his youth and reputation for looking forward, Sen. Marco Rubio’s (R-Fla.) policy vision can be strikingly regressive.

Marriage equality, for example, is already the law of the land in the United States, but Right Wing Watch flagged Rubio’s new interview with Pat Robertson’s Christian Broadcasting Network, where the senator made clear he’s not done fighting against equal marriage rights, calling the status quo “current law,” but “not settled law.”

“If you live in a society where the government creates an avenue and a way for you to peacefully change the law, then you’re called on to participate in that process to try to change it – not ignoring it, but trying to change the law.

 “And that’s what we’re endeavoring to do here. I continue to believe that marriage law should be between one man and one woman.”

For most of the country, there’s a realization that there is no credible proposal to turn back the clock. Rubio didn’t elaborate on how, exactly, he wants to “change the law” to prevent same-sex couples from getting married, and if he tried, he’d likely fail.

But the key here is understanding just how far the Florida senator is willing to go with the culture war. For Rubio, it’s still not too late to bring back discriminatory marriage laws.

And then, of course, there are reproductive rights, where Rubio still intends to be the most far-right major-party presidential nominee of the modern era.

As regular readers know, Rubio’s position on abortion is that it must be outlawed – without exception. If a woman is impregnated by a rapist, for example, Rubio believes the government has the authority to force that woman to take that pregnancy to term, whether she wants to or not.

This came up in a recent interview with the New Yorker.

On several issues, Rubio has taken a position that suits the faithful in the primaries but is guaranteed to repel voters in a general election. His most obvious vulnerability is on abortion. In the first Republican debate, Rubio said that his opposition to abortion extends to cases of rape or incest – a position at odds with that of more than three-quarters of Americans. [Democratic strategist David] Axelrod told me, “No exceptions is a position so extreme that no Republican candidate has ever held it. Presidential races are defined by moments. Maybe he will try to amend that position, but in the age of video it’s hard to extinguish a declarative statement like that.”

When I asked Rubio about it, he said, somewhat confusingly, “Look, I personally believe that all life is worthy of protection, and therefore I don’t ever require, nor have I ever advocated, that I won’t support a law unless it has exceptions.” After some more twists and turns, I sensed that we had reached the line he plans to use in a general election: “My goal is to save as many lives as possible, and I’ll support anything that does that. Even if it has exceptions.”

This led to some confusion, prompting Rubio to clarify matters in an interview yesterday with the Associated Press. “I, as president, will sign a bill that has exceptions,” he said. “I’ve supported bills that have exceptions.” The senator added, “I do not personally require a bill to have exceptions – other than life of the mother – in order for me to support it. But I will sign a bill as president that has exceptions.”

Here’s the bottom line: if a Republican Congress sends President Rubio an anti-abortion bill, he’ll sign it, even if it includes some exceptions he personally disagrees with. When it comes to abortion restrictions, he’ll take what he can get and then fight for more.

But as far as what Rubio actually, personally wants U.S. policy to be, he’s opposed to exceptions, even in cases of rape and incest – a position further to the right than any Republican nominee since Roe was decided more than 40 years ago.

By: Steve Benen, The Maddow Blog, November 25, 2015