Senator and presidential hopeful Ted Cruz has repeatedly called recent Supreme Court decisions on marriage and health care reform “tyranny.” On Wednesday, he used his platform as chair of the Senate’s Judiciary Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts to hold a hearing on “Supreme Court activism” in which he said that the marriage equality ruling was “the very definition of tyranny” and that “Justice Kennedy’s pop psychology has no basis in the text and history of the Constitution.”
Among the witnesses Cruz called was John Eastman, chair of the National Organization for Marriage. Eastman said a simple majority of states should be allowed to override Supreme Court decisions. (While we’re talking about “tyranny,” let’s not forget that Eastman recently defended Uganda’s notorious Anti-Homosexuality Act and hoped for its swift reinstatement.)
Cruz is far from the only right-winger crying “tyranny” over the prospect of gay couples getting married. We have seen right-wing activists and politicians denounce the marriage equality ruling in the most apocalyptic terms, and charge that it will bring unprecedented religious persecution to the U.S. Right-wing Catholic Hugh Brown of the American Life League even said that Justice Kennedy had “betrayed” Jesus. Another, Michael Hichborn of the right-wing Catholic Lepanto Institute, said Kennedy should be excommunicated.
Some have been calling for states to resist or ignore the ruling (Liberty Counsel is defending county clerks who refuse to do their jobs), or negate it with a “creative” law. Some are focused on passing laws to allow government officials and business owners to discriminate against same-sex couples – like the proposed federal First Amendment Defense Act. Some are calling for constitutional amendments to overturn the marriage ruling. And some are looking at the 2016 presidential election as an opportunity to pack the Court with far-right justices.
Cruz has called for a constitutional amendment that would require justices to face retention elections, and has said he would also support term limits on justices, an idea promoted by fellow presidential contender Mike Huckabee.