Andrew McCarthy: Court's Same-Sex Marriage Ruling is Policy, Not Law

With the national legalizing of same-sex marriage, the U.S. Supreme Court has swapped the law for politics, former federal prosecutor Andrew McCarthy tells Newsmax TV.

"The Supreme Court's now a political institution. It's not a legal one anymore," McCarthy said Friday on "The Steve Malzberg Show," following the high court's 5-4 ruling that all 50 states must allow marriage rights for same-sex couples.

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"There's no legal justification for what they did here."

McCarthy — a National Review columnist, former assistant U.S. attorney for the Southern District of New York and author of "Faithless Execution: Building the Political Case for Obama's Impeachment," published by Encounter Books — said the court delivered "policy" with its decision.

"At the end of the day, the point is if the country wants to vote to have same-sex marriage then that's fine. That's a political process, it's a policy decision," McCarthy said.

"But the court imposed it on the country and that's not the judicial role."

With Friday's ruling, same-sex couples now have the Constitutional right to marry anywhere in the United States.

Gay and lesbian couples already could wed in 36 states and the District of Columbia — but the 5-4 ruling means the other 14 states must lift their bans on same-sex marriage.

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