“Obergefell, like Roe v. Wade, ignored two centuries of our nation’s history,” Cruz said in a clip posted on his YouTube channel for his podcast. “Marriage was always an issue that was left to the states. We saw states before Obergefell, some states were moving to allow gay marriage, other states were moving to allow civil partnerships. There were different standards that the states were adopting.”
He added: “The way 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. In Obergefell, the court said, ‘No, we know better than you guys do, and now every state must, must sanction and permit gay marriage.'”
“I think that decision was clearly wrong when it was decided,” Cruz said. ‘It was the court overreaching.”
In a separate opinion on last month’s abortion decision, Thomas explicitly called for the court to reconsider its earlier rulings striking down state restrictions on contraceptives, state sodomy bans and state prohibitions on same-sex marriage.
“Because any substantive due process decision is ‘demonstrably erroneous,'” Thomas wrote, “we have a duty to ‘correct the error’ established in those precedents.”