The Volokh Conspiracy

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Trump says gay marriage is 'settled' by the courts, but not abortion


Sunday evening, CBS News' "60 Minutes" featured Lesley Stahl's interview with President-elect Donald Trump. The interview covered a range of subjects, including the Supreme Court, abortion and gay marriage. Here are some relevant bits.

On abortion and the Supreme Court:

Lesley Stahl: One of the things you're going to obviously get an opportunity to do, is name someone to the Supreme Court. And I assume you'll do that quickly?

Donald Trump: Yes. Very important.

Lesley Stahl: During the campaign, you said that you would appoint justices who were against abortion rights. Will you appoint—are you looking to appoint a justice who wants to overturn Roe v. Wade?

Donald Trump: So look, here's what's going to happen—I'm going to—I'm pro-life. The judges will be pro-life. They'll be very –

Lesley Stahl: But what about overturning this law –

Donald Trump: Well, there are a couple of things. They'll be pro-life, they'll be—in terms of the whole gun situation, we know the Second Amendment and everybody's talking about the Second Amendment and they're trying to dice it up and change it, they're going to be very pro-Second Amendment. But having to do with abortion if it ever were overturned, it would go back to the states. So it would go back to the states and –

Lesley Stahl: Yeah, but then some women won't be able to get an abortion?

Donald Trump: No, it'll go back to the states.

Lesley Stahl: By state—no some –

Donald Trump: Yeah.

Donald Trump: Yeah, well, they'll perhaps have to go, they'll have to go to another state.

Lesley Stahl: And that's OK?

Donald Trump: Well, we'll see what happens. It's got a long way to go, just so you understand. That has a long, long way to go.

Later in the interview, Trump also addressed the question of gay marriage:

Lesley Stahl: One of the groups that's expressing fear are the LGBTQ group. You –

Donald Trump: And yet I mentioned them at the Republican National Convention. And –

Lesley Stahl: You did.

Donald Trump: Everybody said, "That was so great." I have been, you know, I've been a supporter.

Lesley Stahl: Well, I guess the issue for them is marriage equality. Do you support marriage equality?

Donald Trump: It—it's irrelevant because it was already settled. It's law. It was settled in the Supreme Court. I mean it's done.

Lesley Stahl: So even if you appoint a judge that –

Donald Trump: It's done. It—you have—these cases have gone to the Supreme Court. They've been settled. And, I'm fine with that.

The full interview is available here.