Cruz says same-sex marriage rulings are ‘a real danger to our liberty’

Click here to read the March 12, 2015 article from Christian Today, quoted in part below:

Texas Sen. Ted Cruz voiced his opinion on federal judges reversing voter-approved same-sex marriage bans in an interview on Monday.

Cruz called the decisions “a real danger to our liberty,” and vowed to propose legislation that allows states to make their own decisions regarding gay marriage.

“We have seen judges, and especially the Supreme Court, ignoring the law,” Cruz told WHO radio host Jan Mickelson. “If the courts were following the Constitution, we shouldn’t need a new amendment, but they are, as you put it quite rightly, ‘making it up’ right now and it’s a real danger to our liberty.”

He plans to introduce a constitutional amendment that would ensure “that the federal government and unelected judges cannot set aside the democratically elected legislatures’ reasonable decisions to enact and protect traditional marriage.”

Last month, Cruz reintroduced the State Marriage Defense Act, which would allow states to enforce their own definition of marriage. The bill was co-sponsored by 11 other senators, and Texas Rep. Randy Weber introduced a partner bill in the House. Nearly two dozen representatives co-sponsored the House bill.

Ted Cruz introduces bill to leave marriage to the states

Ted Cruz is a constitutional scholar, so he should know that a law passed by Congress cannot overrule the anticipated U.S. Supreme Court decision on whether banning same-sex marriages violates the Equal Protection clause of the Constitution.  Cruz is also a brilliant politician and he knows how to grab media attention and pander to the homo-hating GOP base, and so he makes this splash for a day in the news by introducing a bill that cannot become law or even do what he says it will do.

Click here to read the full February 10, 2015 story from Politico.

Sen. Ted Cruz (R-Texas) is calling on his colleagues to pass a bill that would make same sex marriage a state issue.

Cruz, along with 11 other Republican senators, re-introduced the State Marriage Defense Act on Tuesday, which aims to allow states to adopt their own definitions of marriage and would block the federal government from applying its own definition of marriage onto states.

“Even though the Supreme Court made clear in United States v. Windsor that the federal government should defer to state ‘choices about who may be married,’ the Obama Administration has disregarded state marriage laws enacted by democratically-elected legislatures to uphold traditional marriage,” Cruz said in a press release.

He added, “I support traditional marriage and we should reject attempts by the Obama Administration to force same-sex marriage on all 50 states. The State Marriage Defense Act helps safeguard the ability of states to preserve traditional marriage for their citizens.”

The bill would force federal government to rely on state law to determine whether couples are considered to be married for the purposes for federal law.

 

Ted Cruz Is Wrong about Same Sex Marriage

This opinion piece from a student at UT-Tyler suggests that Senator Cruz is wrong to suggest that the issue of gay marriage should be left to the state legislatures instead allowing the court’s to interpret the Constitution.

Click here to read the fill editorial in The Blaze.

According to Article III of the U.S. Constitution settling controversies over the law, such as gay marriage, by a view of the Constitution is directly within the Supreme Court’s authority.

Cruz wants these issues settled in the legislative chambers. The legislative chambers exist for the reason their name implies, to write legislation. It is not their purpose to interpret presently existing law or to concern themselves with legal disputes.

Secondly, the State has not always been involved in marriage. This is a recently formed argument that the states have a “principal interest” in marriage for regulating procreation. When in actuality, it’s none of the federal, state, or local government’s business to regulate relationships for procreation. Personally, I’d prefer to live in a republic where we keep the government out of our private lives… especially our sex lives.

Claiming to be a constitutionalist entails understanding the constitution in depth. Cruz is perfectly right in upholding the principle of the 10th Amendment, that authorities not within the federal government are reserved to the states. I would argue that a person’s relationships and sex life are not within the just authority of any government, but that’s not the point I will make here.

The constitution already tells us how we should address the issue of gay marriage.

The Fifth Amendment tells us that no person may be deprived of liberty without the due process of law, and the 14th Amendment tells us that no State may deprive a person of liberty without due process and ensures equal protection under the law.

You’ll notice in the text there are no caveats. You are guaranteed you will not be deprived of liberty and the State will treat you equally.

Naturally, you are at liberty to marry any consenting adult your heart desires based on equal protection and due process. There are literally thousands of benefits handed out to married couples that are not available to homosexuals, a blatant violation of equal protection. I would argue giving special treatment to married couples is a violation of equal protection, but I’m just a crazy libertarian that’s all about equality and stuff.

Ted Cruz Still Wants a Federal Marriage Amendment

Click this link to read the full article in The Advocate.

The possible 2016 presidential contender doesn’t want the U.S. Supreme Court to rule on same-sex marriage bans. He’d rather just amend the U.S. Constitution to forbid them.  When President Barack Obama called marriage equality a “civil right” in his sixth State of the Union address Tuesday, pro-equality lawmakers and supporters seated in the U.S. House of Representatives chamber cheered.

Unsurprisingly, many congressional Republicans were less enthused about Obama’s full-throated support of the freedom to marry as enshrined in the U.S. Constitution.

And now Ted Cruz, the Texas Tea Party senator who may be considering a bid for the GOP’s presidential nomination in 2016, has offered his own interpretation of how the Constitution’s promise of equal protection and due process should apply to same-sex couples.

“Well, [Obama] is certainly entitled to his views, and I think the proper place to debate those issues is in the legislative chambers,” Cruz told the Washington Blade when asked if he agreed with the president that marriage equality is a “story of freedom.”

“I’m a constitutionalist,” Cruz continued. “From the beginning of this country, marriage has been a question of the states, and we should not have the federal government, or unelected judges, setting aside the policy judgment of the elected legislatures and imposing their own instead.”