Look Who Wants To Amend The Constitution Now: Ted Cruz Wants States' Rights Amendment on Marriage

Sen. Ted Cruz has spent the past several months railing against a proposed constitutional amendment to undo the Supreme Court’s decisions in Citizens United and related campaign-finance cases, which would restore to Congress and the states the ability to “set reasonable limits” on election spending.

Cruz has gone into full hyperbole mode over the amendment, claiming that the campaign to narrowly roll back what many legal experts believe is an erroneous interpretation of the First Amendment is in fact an effort to “repeal the First Amendment,silence pastors and imprison old ladies.

So, of course, it was no surprise at all yesterday to see Cruz himself proposing to amend the Constitution to reverse what he sees as an erroneous interpretation by the courts, this time on the issue of marriage. Roll Call reported on Cruz’s reaction to the Supreme Court’s "tragic" decision yesterday to decline hearing any marriage equality appeals, thus letting same-sex couples in several states get married:

While most Republicans shied away from commenting Monday on the Supreme Court’s historic decision to let stand a slew of lower court rulings legalizing gay marriage, Sen. Ted Cruz torched the court’s decision.

The Texas Republican called the decision “tragic and indefensible” and said he would introduce a constitutional amendment that would ensure states can ban gay 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,” he said in a statement.

“It is beyond dispute that when the 14th 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 14th Amendment,” he said.

“Nothing in the text, logic, structure, or original understanding of the 14th 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.”

For the record, here is the section of the 14th Amendment that courts have been relying on to extend marriage rights to same-sex couples:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

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