Ted Cruz says Supreme Court was ‘clearly wrong’ in legalizing gay marriage

Sen. Ted Cruz said that the decision to legalize gay marriage, Obergefell v. Hodges, was “clearly wrong,” but added that he does nevertheless support the proposition that the case doesn’t deserve to be treated the same way as Roe v. Wade.

Obergefell, like Roe v Wade, ignored two centuries of our nation’s history. Marriage was always an issue that was left to the states. We saw states before Obergefell that were moving — 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,” he said Saturday on his podcast, “Verdict with Ted Cruz.”

“Had the court not ruled in Obergefell, the democratic process would have continued to operate, that if you believed gay marriage was a good idea, the way the Constitution set up for you to advance that position is to convince your fellow citizens. And if you succeeded in convincing your fellow citizens, then your state would change the laws to reflect those views.”

Cruz then added, “In Obergefell, the court said no, we know better than you guys do, and now every state must must sanction and and permit gay marriage. I think that decision was clearly wrong when it was decided. It was the court overreaching.”

However, he continued, he doesn’t support gay marriage being given the same treatment as Roe v. Wade recently received.

“Whether the court will reverse it, I will say 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 that’s qualitatively different. I agree with that proposition,” he said.

As previously reported, the Supreme Court overturned Roe v. Wade in June on the basis that such an unsettled issue should be relegated back to the states.

“Like the infamous decision in Plessy v. Ferguson, Roe was also egregiously wrong and on a collision course with the Constitution from the day it was decided,” the court ruled.

“Those on the losing side – those who sought to advance the State’s interest in fetal life – could no longer seek to persuade their elected representatives to adopt policies consistent with their views. ‘The Court short-circuited the democratic process by closing it to the large number of Americans who disagreed with Roe.”

It’s unsettled in that the support for abortion isn’t strong enough to justify establishing a Supreme Court precedent.

Gallup data shows that only a 35 percent minority of Americans believe abortion should be completely legal with no restrictions. A larger 50 percent share believe it should be legal under “certain circumstances,” and a 13 percent minority believe it should be illegal under “all circumstances.”

Conversely, Gallup data shows that a whopping 71 percent majority of Americans support gay marriage.

(Source: Gallup)

Cruz’s current views on gay marriage are in line with what he told NPR during an interview that occurred right after the Supreme Court legalized gay marriage seven years ago.

In fact, during the interview, he vowed to base his then-presidential campaign around the issue.

“I’ve introduced a constitutional amendment to restore the authority of the states to define marriage as the union of one man and one woman. Number two, I’ve introduced legislation in the United States Congress to strip the federal courts of jurisdiction for attacks on marriage. The Constitution explicitly gives Congress the authority to strip jurisdiction as a check and balance against judicial overreach,” he said.

“But number three … I have called for another constitutional amendment, this one that would make members of the Supreme Court subject to periodic judicial retention elections as a very real check. Twenty states have retention elections they put in place if judges overstep their bounds, violate the Constitution, and the people have a check to remove them from office.

He added, “I’ve called for that change. That is very much front and center, something I intend to campaign on. And marriage and religious liberty are going to be integral, I believe, to motivating the American people to come out and vote for what’s ultimately restoring our constitutional system.”

All this said, members of the raging left are currently roaring mad about his most recent comments on Obergefell.


Notice how none of the critics above addressed Cruz’s substantive points. Instead they reacted with pure emotion.

Note also that the overturning of Obergefell would not make gay marriage illegal. That’s not how the legal system works …


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