Ted Cruz says Supreme Court was 'clearly wrong' with federal protection of same-sex marriage

Sen. Ted Cruz (R-TX) speaks at a press conference at the U.S. Capitol to discuss immigration at the southern border on June 22, 2022 in Washington, DC.
WASHINGTON, DC - JUNE 22: Sen. Ted Cruz (R-TX) speaks at a press conference at the U.S. Capitol to discuss immigration at the southern border on June 22, 2022 in Washington, DC. Photo credit Anna Moneymaker/Getty Images

Texas Sen. Ted Cruz said on Saturday on his podcast, Verdict with Ted Cruz, that the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges to legalize same-sex marriage "was clearly wrong."

"Obergefell, like Roe v. Wade, ignored two centuries of our nation's history," Cruz said. "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 has been against same-sex marriage and believes it should be left up to the states.

"The way the Constitution set up for you to advance that position is convince your fellow citizens, that if you succeeded in convincing your fellow citizens, then your state would change the laws to reflect those views," Cruz added in the podcast clip. "In Obergefell, the court said, 'No, we know better than you guys do, and now every state must, must sanction and permit gay marriage.'

"I think that decision was clearly wrong when it was decided. It was the court overreaching."

Cruz's comments come just a few weeks after the SCOTUS decision in the Dobbs v. Jackson Women's Health Organization case, which overturned abortion rights established by Roe v. Wade.

He reiterated similar beliefs as conservative Supreme Court Justice Clarence Thomas, who said in his concurring Roe v. Wade opinion that the court "should reconsider" a number of past rulings, including Obergefell, according to NBC News.

Although, Cruz went on to suggest that overturning same-sex marriage is not in the court's interest at this time.

"You’ve got a ton of people who have entered into gay marriages and it would be more than a little chaotic for the court to do something that somehow disrupted those marriages that have been entered into in accordance with the law," Cruz said.

"I think that would be a factor that would counsel restraint, that the court would be concerned about," Cruz added, according to The Hill. But to be honest, I don’t think this Court has any appetite for overturning any of these decisions. I think Justice Thomas was being a purist in terms of what the Constitution means. But I don’t think there are other justices interested in going down that route."

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