Sen. Ted Cruz (R-Texas) said Saturday he believes the US Supreme Court legalized same-sex marriage across the country in the landmark 2015 Obergefel v. Hodges decision is “overreaching” and “clear utterly wrong”.
Cruz was speaking on his podcast about the difference between that case and the recent Supreme Court ruling, which ruled Roe v. Wade, which had previously defended abortion rights nationwide. He criticized the court for preventing individual states from deciding on their own whether same-sex marriage should be allowed.
“Oberzfels, like Roe v. Wade, ignored two centuries of our nation’s history. Marriage was always an issue that was left to the states.” In Oberjfels, the court said no, we better than you guys You know, and now every state must approve and allow same-sex marriage. I think the decision was clearly wrong when it was made. It was an excess of the court. ,
Tom Williams via Getty Images
Cruz has previously advocated for allowing individual states to outlaw same-sex marriage. For many, their desire appears closer to reality because of last month’s Supreme Court ruling on abortion rights in Dobbs v. Jackson Women’s Health Organization, which ignited concerns that the court could overturn other decisions.
Justice Clarence Thomas escalated that concern, stating in a single consensus opinion that any decision made by the Supreme Court should be subject to the due process clauses of the 14th Amendment, such as Roe v. Wade, should be reconsidered.
“Any actual due process decision ‘is clearly wrong,'” he said last month, adding that “it is our duty to ‘correct the error’ established in those instances.”
Other decisions citing the due process clause include Griswold v. Connecticut, which established the right for married couples to use contraception; Lawrence v. Texas, which prohibits states from banning sex between people of the same sex; and Loving V. Virginia, which protects interracial marriage.
Thomas, in his opinion, mentioned the cases of Obergefels, Griswold and Lawrence, but did not mention the Loving case, which, if reversed, could threaten their own interracial marriage.
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