AUSTIN (KXAN) — At a time when nationwide support for same-sex marriage is at an all-time high, Texas Sen. Ted Cruz (R) called the Supreme Court’s Obergefell v. Hodges ruling an overreach Saturday, saying it should be left up to individual states to make a determination about the legality of gay marriage. That ruling happened back in 2015, codifying the right to gay marriage nationwide.
After the Supreme Court overturned its prior Roe v. Wade ruling, Cruz went on his podcast, Verdict with Ted Cruz, Saturday to talk about what could be next for the nation’s highest court.
“Had the court not ruled in Obergefell, the democratic process would have continued to operate that if you believed gay marriage was a good idea, the way the Constitution set up for you to advance that position is to convince your fellow citizens,” Cruz said. “And if you succeeded in convincing your fellow citizens then your state would change the laws to reflect those views.”
He continued: “In Obergefell the court said, ‘no, we know better than you guys do’ and now every state must sanction and permit gay marriage. I think that decision was clearly wrong when it was decided. It was the court overreaching.”
Some legal experts and LGBTQ+ advocates have recently expressed concern about that ruling’s standing after the Supreme Court decided to overturn Roe v. Wade because they argue the two cases rest on the same legal precedent.
On whether Cruz thinks the court would actually overturn Obergefell, he said: “In Dobbs what the Supreme Court said is Roe is different because it’s the only one of the cases that involves the taking of a human life and that’s qualitatively different. I agree with that proposition.”
Cruz added he does not think the court “has any appetite for overturning any of these decisions.”
“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,” he said. “I think that would be a factor that would…counsel restraint, that the court would be concerned about.”
Meanwhile, a poll released by Gallup last month showed more than 70% of Americans now agree same-sex couples should have their marriages recognized as legal and share the same rights as other unions. That percentage has gone up year-over-year, hitting an all-time high this year.
Not much data currently exists about how Texans specifically feel about this topic. According to the data archive posted online, the Texas Politics Project at the University of Texas at Austin last asked residents about their opinion on same-sex marriage in June 2017. At that time, 55% said gay and lesbian couples should have the right to marry, while 32% said they should not.