Not long ago, it was up to each state to decide whether gay marriage was legally recognized. Then, on June 26, 2015, in the case of Obergefell v. Hodges, the Supreme Court of the United States struck down all state bans on same-sex marriage, making it legal in all fifty states, and requiring states to honor out-of-state same-sex marriage licenses. Senator Ted Cruz says that was wrong.
On Senator Cruz’s podcast Verdict with Ted Cruz, he said, “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, 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 thinks the SCOTUS was “clearly wrong” and “overreaching” when it decided Obergefell. But when considering whether the Supreme Court should, or will, overturn that decision like it overturned Roe, Cruz said, “in Dobbs what the Supreme Court said, is Roe is different because it is the only one of the cases that involve the taking of a human life and that’s qualitatively different,” adding, “I agree with that proposition.”
When the SCOTUS issued its decision in Roe, Justice Clarence Thomas said in his concurring opinion that the Court should reconsider other “rights” the Court established under the Fourteenth Amendment, including regarding contraceptives and gay marriage. No other Justice joined Thomas’ concurrence.
Liberals like to say that anyone who dares talk about overturning gay marriage is a homophobe and anyone who dares discuss overturning the “right” to contraceptives is straight out of “The Handmaid’s Tale.” The fact is, they understand the Constitution and don’t approve of it being stretched to fit things it was never meant to do. Do you think Senator Cruz is right? If the issue comes before the Supreme Court again, do you think they would overturn Obergefell?