Ted Cruz to introduce constitutional amendment asserting states’ rights on marriage
Before you jump into this, keep in mind what Cruz is proposing is different from what many social conservatives have supported in the past. Governor Mike Huckabee, for example, has expressed support for a federal amendment which enshrines marriage as one man and one woman in the constitution. However, what Cruz is proposing has to do with the 10th Amendment and states’ rights by strictly saying that marriage is to be governed by the states. Thus, some states will approve of gay marriage and some states will not.
Report from Breitbart:
Sen. Ted Cruz (R-TX) said Monday that he plans to introduce a constitutional amendment barring the federal government or the courts from overturning state marriage laws.
Citing the Supreme Court’s “tragic and indefensible” refusal to take up same-sex marriage cases—essentially legalizing same-sex marriage in another 11 states—Cruz announced the proposal in a statement. He said he has already introduced legislation in the Senate to “protect the authority of state legislatures to define marriage,” because “marriage is a question for the states.”
“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,” the potential 2016 GOP presidential contender announced.
This won’t get any traction outside a Republican primary, however, I think that’s the point. What it does is signal that Cruz is attempting to find a niche in the 2016 field somewhere between Rand Paul and social conservatives like Huckabee or Santorum. Cruz is against gay marriage on principle, but this amendment would leave the matter up to individual states meaning his federalist credentials on this on are in tact.