Senator Ted Cruz (R-TX) on Saturday stated that the Supreme Court was “clearly wrong” in it’s 2015 decision that ruled same-sex marriage was in accordance with the Constitution.
As noted by Cornell Law, Obergefell v. Hodges was a landmark case in which the Supreme Court ruled 5 to 4 that state bans on same-sex marriage are unconstitutional under the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution.
“Obergefell, like Roe v. Wade, ignored two centuries of our nation’s history,” Cruz argued in a video uploaded to YouTube from his Verdict+ podcast, Newsweek reports. “Marriage was always an issue that was left to the states. We saw states before Obergefell—some states were moving to allow gay marriage, other states were moving to allow civil partnerships. There were different standards that the states were adopting.”
Cruz said that if the Supreme Court hadn’t ruled the way it did in Obergefell v. Hodges, “the democratic process would have continued to operate.” By doing so, Cruz argued that the Court was saying “‘No, we know better than you’ and now every state must sanction and permit gay marriage,” he said. He added: “I think that decision was clearly wrong when it was decided. It was the court overreaching.”
Cruz continued: “In Dobbs, what the Supreme Court said is ‘Roe is different because it’s the only one of the cases that involves the taking of a human life and it’s qualitatively different.’ I agree with that proposition.”
His remarks come not long after Justice Clarence Thomas wrote that the Supreme Court “should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” adding: “Any substantive due process decision is demonstrably erroneous. We have a duty to correct the error established in those precedents.”
MANAGING EDITOR: CARSON CHOATE
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