Ted Cruz isn't happy about yesterday's non-ruling by the Supreme Court on the issue of gay marriage. The court refused to review lower court decisions that overturned bans on same-sex marriage in five states, letting those decisions stand and effectively opening the door to gay couples marrying in Indiana, Oklahoma, Utah, Virginia and Wisconsin. While the future remains, on paper, somewhat murky, the blow dealt by the Supreme Court would seem to indicate that it views nationwide gay marriage as a foregone conclusion.
It goes without saying that a guy like Ted Cruz would completely lose his shit over something like that -- and he of course did. In a statement issued yesterday following the court's decision -- or lack thereof -- he accused the justices of "judicial activism" and of stealing constitutional authority away from Congress.
Plug your ears to keep your brain from running out of them, because here comes the fury:
"The Supreme Court’s decision to let rulings by lower court judges stand that redefine marriage is both tragic and indefensible... 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.
The Supreme Court is, de facto, applying an extremely broad interpretation to the 14th Amendment without saying a word – an action that is likely to have far-reaching consequences. Because of the Court’s 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."
Cruz goes on to tout legislation and a full-on constitutional amendment he's proposing to protect gay marriage bans at the state level. So, yes, we're doing this again.
Certainly the Supreme Court should've made an official decision rather than simply washing its hands of the gay marriage battle for the time being, but in the end it hardly matters. I've said this before and I'll continue saying it because apparently people like Ted Cruz just don't get it yet: they've lost. It's over. Thirty states now allow same-sex marriage and it will eventually be the law of the land and no matter how desperate they are to slam their doors to try to keep out equality and progress in this country it's going to ultimately roll over them.
Social conservatism, as espoused and practiced these days, is anathema not simply to the American ideal but to reality itself. This notion that we should somehow stay frozen in time or return to a romanticized era long ago is ridiculous because there's always only one way to go: forward. We're a country that purports to believe in equality and that means that under no circumstances should we let the tenets of an ancient book or the comfort of tradition deny our citizens -- all our citizens -- their basic civil rights. If we haven't in the past then we forge ahead and make sure we correct that ignorant oversight. We've done it before and we're now doing it again with respect to LGBT Americans.
Marriage equality is here to stay and there really isn't a damn thing Ted Cruz, or anyone else, can do about it.
(h/t Talking Points Memo)