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sen. Ted Cruz says Supreme Court is ‘clearly wrong’ in decision to legalize same-sex marriage

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sen. Ted Cruz, R-Texas, said Saturday that the Supreme Court was “clearly wrong” and “overreaching” when it legalized same-sex marriage nationwide in the landmark Obergefell v. Hodges ruling in 2015.

Cruz’s comments, who were open about his interest in another presidential run, came just weeks after the Supreme Court overturned the Roe v. Wade decision. which guaranteed a constitutional right to abortion.

Clarence Thomas, the conservative Supreme Court judge, in his concurring view of Roe, argued that the court should “reconsider” previous rulings, including Obergefell, as well as opinions that protected same-sex intimacy and contraception rights.

Cruz, a longtime opponent of same-sex marriage, said the court is unlikely to reverse Obergefell, but argued that both abortion and same-sex marriage should be left to the states.

“Obergefell, like Roe v. Wade, ignored two centuries of our nation’s history,” Cruz said on his podcast, Verdict with Ted Cruz. “Marriage has always been an issue left to the states. We saw states before Obergefell – some states were moving to allow same-sex marriage, other states were moving to allow civil partnerships. There were different standards that the states adopted.”

“The way the Constitution has drafted for you to advance that position is to convince your fellow citizens that if you succeed in convincing your fellow citizens, your state would change the laws to reflect those views. In Obergefell, the court said, “No, we know better than you do, and now every state must approve and allow same-sex marriage,” Cruz continued.

“I think that decision was clearly wrong when it was made. It was the court that went too far.”

As the Supreme Court seemed poised to overthrow Roe this year, fears that it could also reverse the precedent in Obergefell has led some state lawmakers to enshrine same-sex marriage in state law.

But Cruz said he believed the Supreme Court had no “appetite” to overturn same-sex marriage given the complications it would cause.

“You have a lot of people who have engaged in same-sex marriages and it would be more than a little chaotic for the court to do something that somehow disrupts those marriages that were entered into in accordance with the law,” Cruz said.

“I think that would be a factor encouraging restraint, which the court would be concerned about,” he said. “But to be honest, I don’t think this court makes any sense to overturn any of these decisions.”

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