SCOTUS’ Gay Marriage Ruling Was ‘Clearly Wrong’
Senator Ted Cruz has argued that the US Supreme Court’s decision to legalize same-sex marriage was « clearly wrong » – while discussing the possibility of its reversal.
« So look, Obergefell, like Roe v. Wade, ignored two centuries of our nation’s history, » the Texas Republican said on his show, « Verdict with Ted Cruz. » « Marriage has always been a matter that has been left to the states. »
Cruz was referring to Obergefell v. Hodges, the landmark decision that guaranteed same-sex marriage rights nationwide in 2015.
Before the Supreme Court made this decision, « some states were moving to allow same-sex marriage, others to allow civil partnerships, » Cruz said. “These were different standards that states were adopting.”
The senator’s comments followed the High Court’s overturning of Roe v. Wade in late June, a decision that upheld a Mississippi law banning the procedure after 15 weeks of pregnancy — and left the matter up to each of the 50 states.
Judge Clarence Thomas, in his opinion concurring with the decision to overturn Roe, called on the court to reconsider and potentially overturn decisions that protect same-sex marriage and access to birth control.
“In future cases, we should reconsider all substantive due process precedents of this Court, including Griswold, Lawrence and Obergefell,” he wrote.
Thomas was referring to a 1965 decision, Griswold v. Connecticut, which allowed married couples access to birth control and a 2003 decision, Lawrence v. Texas, which prohibited states from prohibiting consensual same-sex relationships.
Judge Samuel Alito, however, wrote in the majority opinion reversing Roe that « we emphasize that our decision concerns the constitutional right to abortion and no other right ».
Judge Brett Kavanaugh added, « Nothing in this opinion should be construed as casting doubt on precedents that do not relate to abortion. »
Still, Cruz said the decision to legalize same-sex marriage was « over the top and « was clearly wrong when it was decided. »
« The Court said, ‘No, we know better than you, and now every state must sanction and allow same-sex marriage.' »