Time Magazine has a piece written by Zeke Miller regarding Chris Christie and his recent comments for the GOP, regarding battling same-sex marriage. The piece is interesting for two reasons: the obvious being what this means in terms of the advancement of same-sex marriage, but in addition, it is the first piece I’ve read that suggests that Christie may still end up as a top GOP presidential candidate in 2016.  After the Bridge-gate controversy earlier this year, it is the first time I’ve heard a reference which included Christie and 2016. I’m going to comment on what he said about Marriage Equality as I think it is telling as to what’s to come from the GOP.

Overall, the GOP party is no longer a monolith opposed to same-sex marriage as small glimmers of hope appear in various places demonstrating that some are defecting from the standard party line. But Christie’s comments here are enlightening I believe, and I’ll explain what I think they mean.

New Jersey Gov. Chris Christie said Saturday that while same-sex marriage is “settled” in New Jersey, it’s not time for opponents to give up the fight.

This means that the GOP knows it can’t win when it comes to marriage equality, but they are going to use rhetoric about “not giving up the fight” in an effort to keep these folks strongly behind the GOP. In other words, appease the base even though you know it is all over.

“I don’t think that there’s going to be some major referee who’s going to say now it’s time to stop,” he said, referencing his own opposition to the unions. “Certainly I’m not going to, because these are opinions that I feel strongly about.”

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Christie dropped a legal fight to block same-sex marriage in New Jersey in 2013 after the State Supreme Court indicated it would not stop the unions, saying now: “Yeah, it is a settled issue in New Jersey.”

Almost everyone watching the marriage debate believes that the US Supreme Court will end up being the “referee,” Christie doesn’t admit exists. This is all double-talk designed to say the right thing to maintain the base support similar to the way Fox News spins fallacies and hopes they take the place of a real-world perspective. With 19 states allowing marriage, and a huge number of cases in the Courts, and clearly headed towards the US Supreme Court, it seems amazing that he doesn’t believe what happened in New Jersey isn’t what will happen across the rest of the country.

“When I know that I’ve been defeated you don’t bang your head against a wall and spend taxpayer money to do it,” he said, explaining his decision. “Absent a change in the legislature, I think at the moment it’s settled law in New Jersey.”

This sentiment too, mimics basic GOP double-talk which suggests that elected officials or “the people” can overturn what the Courts say. Except that the Court’s role is to call out and strike down laws that are unconstitutional. A legislature cannot merely overturn a court. They must craft legislation which accomplishes a goal but is aligned with the US Constitution, and so for no state has been able to pass such a law with constitutionally bans same-sex marriage.

Christie’s message is “keep fighting” while paying lip service to fiscal responsibility.

Or, is there another take on this? Consider just this phrase:

I don’t think that there’s going to be some major referee who’s going to say now it’s time to stop

Is it possible that GOP insiders know something that the rest of us don’t? Is it possible that the GOP expects or has a promise for the US Supreme Court that they won’t rule in favor of Marriage Equality? For some of us, it isn’t too far of a stretch to believe that some members of the Court will act strictly along party lines. For all the talk against “activist judges,” many scholars look at the recent Citizen’s United decision and the more recent Hobby Lobby decision, and see the Court creating rights that are not based in the Constitution, but which are designed to help maintain conservative control of the government and economy. What has Scalia promised the GOP?

Personally, I think it is more of the former- that Christie’s goal is to rally the GOP base with language that is encouraging but that offers no real commitment. But time will tell.