Ted Cruz: Allowing Same-Sex Marriage to Stand is Tragic & Indefensible Judicial Activism at its Worst

The Constitution entrusts state legislatures elected by the people to define marriage... WASHINGTON D.C. (Texas Insider Report)  The Supreme Courts decision to let rulings by lower court judges stand that redefine marriage is both tragic and indefensible" said Sen. Ted Cruz (R-TX) following the Supreme Courts decision to reject requests from five States to review state laws that prohibit same-sex marriage. By refusing to rule if the States can define marriage the Supreme Court is abdicating its duty to uphold the Constitution.  The fact that the Supreme Court Justices without providing any explanation whatsoever have permitted lower courts to strike down so many state marriage laws is astonishing. This is judicial activism at its worst. The Constitution entrusts state legislatures elected by the People to define marriage consistent with the values and mores of their citizens.  Unelected judges should not be imposing their policy preferences to subvert the considered judgments of democratically elected legislatures.

Because of the Courts decision today 11 States will likely now be forced to legalize same-sex marriage: Virginia Indiana Wisconsin Oklahoma Utah North Carolina South Carolina West Virginia Kansas Colorado and Wyoming. And this action paves the way for laws prohibiting same-sex marriage to be overturned in any state. The Supreme Court is de facto applying an extremely broad interpretation to the 14^th Amendment without saying a word an action that is likely to have far-reaching consequences.

It is beyond dispute that when the 14^th Amendment was adopted 146 years ago as a necessary post-Civil War era reform it was not imagined to also mandate same-sex marriage but that is what the Supreme Court is implying today. The Court is making the preposterous assumption that the People of the United States somehow silently redefined marriage in 1868 when they ratified the 14^th Amendment. Nothing in the text logic structure or original understanding of the 14^th Amendment or any other constitutional provision authorizes judges to redefine marriage for the Nation. It is for the elected representatives of the People to make the laws of marriage acting on the basis of their own constitutional authority and protecting it if necessary from usurpation by the courts.

Marriage is a question for the States.  That is why I have introduced legislation S. 2024 to protect the authority of state legislatures to define marriage. And that is why when Congress returns to session I will be introducing a constitutional amendment to prevent the federal government or the courts from attacking or striking down state marriage laws.

Traditional marriage is an institution whose integrity and vitality are critical to the health of any society. We should remain faithful to our moral heritage and never hesitate to defend it."