In a recent episode of his podcast, Cruz claimed the ruling is weak in the wake of the Supreme Court overruling Roe v. Wade in the case of Dobbs v. Jackson Women's Health Organization last month.
“Obergefell, like Roe v. Wade, ignored two centuries of our nation’s history,” Cruz said in a clip from his podcast Verdict with Ted Cruz. “Marriage was always an issue that was left to the states. We saw states before Obergefell — some were moving to allow gay marriage, and others were moving to allow civil partnerships. There were different standards that the states were adopting.”
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Cruz claimed the court exceeded its authority in making same-sex marriage legal nationwide with the decision, similar to how Roe made abortion legal nationwide.
“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 said. "In Obergefell, the court said, 'Now, we know better than you guys do, and now, every state must sanction and permit gay marriage.' I think that decision was wrong when it was decided. It was the court overreaching,” Cruz said.
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In the Dobbs decision, Justice Samuel Alito penned in the majority opinion that Roe and abortion were separate issues from another right to privacy cases. The decision should not be seen as the court threatening other precedents unrelated to abortion.
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Still, Justice Clarence Thomas wrote a concurring opinion, arguing the court should "correct the error" of rulings that protect same-sex marriage and contraception access.
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The high court overturned the landmark case of Roe on Friday, with Justice Samuel Alito writing an opinion in favor of Mississippi's ban on abortion after 15 weeks of gestation.
In a concurring opinion by Thomas, the Republican-appointed justice wrote that the court should also reconsider other cases that fall under previous due process precedents.
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"For that reason, in future cases, we should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell," Thomas wrote.
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"We have a duty to 'correct the error' established in those precedents," the justice said.
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Democrats, including President Joe Biden, have warned that Friday's decision in Dobbs v. Jackson Women's Health Organization could lead to the high court reversing other precedents set under the Constitution's due process clause.
"Mark my words: They are going to go after the Supreme Court decision on same-sex marriage," Biden said last month at a Democratic National Committee fundraiser in Chicago.
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