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Senator Ted Cruz Says Supreme Court Was Flawed In Same-Sex Marriage Ruling

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Sen. Ted Cruz (R-Texas) on Saturday said he believes the U.S. Supreme Court “was overreaching” and “clearly mistaken” when it legalized same-sex marriage across the country within the 2015 landmark Obergefell v. Hodges decision.

Cruz was speaking on his podcast in regards to the differences between that case and the Supreme Court’s recent decision that overturned Roe v. Wade, which had previously protected abortion rights nationwide. He criticized the court for stopping individual states from deciding for themselves whether same-sex marriage ought to be allowed.

“Obergefell, like Roe v. Wade, ignored two centuries of our nation’s history. Marriage was all the time a problem that was left to the states,” he said. “In Obergefell, the court said no, we all know higher than you guys do, and now every state must sanction and permit gay marriage. I feel that call was clearly mistaken when it was decided. It was the court overreaching.”

Sen. Ted Cruz said he believes the U.S. Supreme Court “was overreaching” and “clearly mistaken” when it legalized same-sex marriage across the country in 2015.

Tom Williams via Getty Images

Cruz has previously advocated for allowing individual states to outlaw same-sex marriage. For a lot of, his desire appears closer to a reality as a result of last month’s Supreme Court ruling on abortion rights in Dobbs v. Jackson Women’s Health Organization, which ignited concerns that the court might overturn other decisions.

Justice Clarence Thomas amplified that concern, stating in a solo concurring opinion that any decision made by the Supreme Court that was stated to be supported by the due process clause of the 14th Amendment, comparable to Roe v. Wade was, ought to be reconsidered.

“Any substantive due process decision is ‘demonstrably erroneous,’” he said last month, adding that “we’ve an obligation to ‘correct the error’ established in those precedents.”

Other rulings citing the due process clause include Griswold v. Connecticut, which established the suitable for married couples to make use of contraception; Lawrence v. Texas, which prohibits states from banning sexual relations between people of the identical sex; and Loving v. Virginia, which protects interracial marriage.

Thomas mentioned the Obergefell, Griswold and Lawrence cases in his opinion but not did mention the Loving case, which, if overturned, could threaten his own interracial marriage.

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