Of Kim Davis, Huckabee declared:
I thought everybody here (in the debate) passed 9th grade civics... The courts cannot legislate."
In the Obergfell decision, the Supreme Court did not legislate. The court's ruling found state prohibitions of same-sex marriage unconstitutional. The court not only has the power to uphold or strike down state laws on constitutional bases, doing so is the job of the Supreme Court.
Evidently, Huckabee was absent on the day his civics teacher covered Marbury versus Madison
Huckabee also claimed last week that the Dred Scott decision is still the law of the land, and it's just being ignored.
Huckabee was also absent from 9th grade civics on the days his teacher covered the 13th and 14th Amendments to the US constitution.