“So look, Obergefell, like Roe v. Wade, ignored two centuries of our nation’s history,” the Texas Republican said on his show, “Verdict with Ted Cruz” on Saturday. “Marriage has always been a matter left to the states.” Cruz was referring to Obergefell v. Hodges, the landmark decision that guaranteed same-sex marriage rights nationwide in 2015. Before the Supreme Court made that decision, “some states were moving to allow same-sex marriage, other states were moving to allow civil partnership,” Cruz said. “It was different standards that the states adopted.” The senator’s comments followed the Supreme Court’s overturning of Roe v. Wade in late June, a decision that upheld a Mississippi law that banned the procedure after 15 weeks of pregnancy — and left the issue up to each of the 50 states. Cruz said on his show, “Verdict with Ted Cruz,” that the decision to legalize same-sex marriage was “over the top.” Ruling with Ted Cruz The Supreme Court recently overturned Roe v. Wade and is expected to hear Obergefell v. Hodges next. Alex Wong/Getty Images Justice Clarence Thomas, in his opinion concurring with the decision to overturn Roe, asked the court to review and potentially overturn rulings protecting same-sex marriage and access to birth control. “In future cases, we should review all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” he wrote. Thomas was referring to a 1965 decision, Griswold v. Connecticut, which allowed married couples to have access to birth control, and a 2003 decision, Lawrence v. Texas, which barred states from banning consensual same-sex sex. Justice Samuel Alito, however, wrote in the majority overturning Roe that “we emphasize that our decision concerns the constitutional right to abortion and no other right.” Justice Brett Kavanaugh added: “Nothing in this opinion should be understood to cast doubt on precedents not involving abortion.” But Cruz said the decision to legalize gay marriage was “over the top” and “was clearly wrong when it was made.” “The Court said, ‘No, we know better than you do, and now every state must approve and allow same-sex marriage.’
