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Sen. Cruz Joins Amicus Brief Supporting the Right of States to Define Marriage
www.cruz.senate.gov ^ | April 9, 2015 | Sen. Ted Cruz

Posted on 04/13/2015 3:03:40 PM PDT by SoConPubbie

In our federal system, states should be able to define marriage as the union of one man and one woman

WASHINGTON, D.C. – U.S. Sen. Ted Cruz (R-TX) on Friday joined an amicus brief on behalf of 57 members of Congress in support of the right of states to define marriage as the union of one man and one woman. The brief was filed in four cases that the Supreme Court will jointly hear on April 28, 2015, in which same-sex couples challenge the marriage laws of Ohio, Tennessee, Michigan, and Kentucky, all of which were upheld by the U.S. Court of Appeals for the Sixth Circuit. The Supreme Court will decide whether the Fourteenth Amendment requires states to license marriages between two people of the same sex and to recognize same-sex marriages licensed and performed in another state. 

The brief states: “As Members of Congress, amici have a compelling interest in defending the principles of federalism and the separation of powers implicated in these cases. Federalism and the separation of powers provide critical structural guarantees of the liberty of all American citizens, including amici’s constituents. Amici thus have an interest in defending the division of authority between the federal government and the States, and in preserving the separation of powers between this Court and the political branches. Amici believe that a judgment of this Court imposing a judicially mandated revision of state laws defining marriage would circumvent the proper resolution of these profound and divisive issues through state democratic processes. Such a decision could damage the rights of a self-governing people. It would set an unwarranted precedent, with effects far beyond this case, of federal encroachment into a traditional area of state concern, and of judicial pre-emption of an area that the Constitution allots to democratic process.”

Sens. Steve Daines (R-MT), James Inhofe (R-OK), James Lankford (R-OK), Mitch McConnell (R-KY), and Tim Scott (R-SC) joined Cruz in the brief along with 51 members of the U.S. House of Representatives. The cases are Obergefell v. Hodges, No. 14-556; Tanco v. Haslam, No. 14-562; DeBoer v. Snyder, No. 14-571; and Bourke v. Beshear, No. 14-574.

A copy of the brief is available here.


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events; Politics/Elections; US: Indiana; US: Kentucky; US: Michigan; US: Montana; US: Ohio; US: Oklahoma; US: South Carolina; US: Tennessee; US: Texas
KEYWORDS: 10thamendment; 14thamendment; 2016election; badidea; cruz; definition; election2016; fourteenthamendment; homosexualagenda; indiana; jamesinhofe; jameslankford; kentucky; libertarians; marriage; medicalmarijuana; michigan; mikepence; mitchmcconnell; montana; ohio; oklahoma; onemanonewoman; rfra; sixthcircuit; southcarolina; statesrights; stevedaines; stupid; stupidity; tedcruz; tennessee; tenthamendment; texas; timscott
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To: SoConPubbie

Serious question - there’s this “man” at my work who now says he’s not and he’s married to a woman and they are still together as a ‘couple” - there’s a child involved too. He is going through a sex change with hormones and surgery and has now “come out”as a woman. Is this still a marriage?


41 posted on 04/13/2015 9:35:17 PM PDT by Chatlee (opera freedom)
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To: SoConPubbie
Sen. Cruz Joins Amicus Brief Supporting the Right of States to Define Marriage

God defined marriage at the beginning of the creation.

Neither the feds nor the states have legitimate authority to define it, any more than they have the right to define up and down.

All they have, in fact, is the duty to conform to God's definition.

42 posted on 04/13/2015 9:39:00 PM PDT by EternalVigilance ("Rebellion to tyrants is obedience to God." -- Benjamin Franklin)
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To: ForYourChildren

http://www.cruz.senate.gov/files/documents/Briefs/20150409_MarriageAmicusBrief.pdf

Last couple of pages lists the signers.


43 posted on 04/13/2015 10:19:08 PM PDT by conservativegranny
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To: Chatlee

I would not consider it a valid marriage and if I was the wife I’d try to get an annulment. If she was led to believe that he was entering this marriage as a man he married her under false pretenses I would think.

I know someone who had this happen to them after they had been married a couple of years. No children involved thank goodness.


44 posted on 04/13/2015 10:22:50 PM PDT by conservativegranny
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To: stevem
I so much want Ted Cruz to catch fire and keep burning for st least 19 months. The sad part is he's probably doomed. Since Reagan, when I want someone to win so bad I can taste it, it's usually the kiss of death for that person.

If you want the fire to keep burning bright, help stoke and fuel it with a stream of cash and other efforts. Unlike the Left, who are lazy when it comes to supporting themselves, but very energetic when it comes to amassing support of the voters on their side, we tend to be very vocal but lazy and cheap when it comes to supporting our candidates. Wishing doesn't doom a choice, lack of action to pursue the wish dooms the choice.

45 posted on 04/14/2015 3:06:45 AM PDT by trebb (Where in the the hell has my country gone?)
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To: trebb
If you want the fire to keep burning bright, help stoke and fuel it with a stream of cash and other efforts. Unlike the Left, who are lazy when it comes to supporting themselves, but very energetic when it comes to amassing support of the voters on their side, we tend to be very vocal but lazy and cheap when it comes to supporting our candidates. Wishing doesn't doom a choice, lack of action to pursue the wish dooms the choice.

I've never had much cash to give but have supported candidates I believe in with what little I have.

I have been on the front lines, so to speak, since 1995, with various positions on my BPOU. That's an area I would encourage every person who wants to help. There are hard, unglamorous tasks associated with that that include telephones and door bells, manning booths at fairs, convening precinct cauci (in caucus states) etc.

It gets more intense as elections near. There are compensations in meeting some pretty nice and interesting people that often are just like you i.e. not the movers and shakers so much as just adding positive push in our little world.

As a volunteer you can pick and choose somewhat about which people are most deserving of your support.

We are always short of help.

I want Cruz to win because talks the way so many of us feel. If we don't get him or someone like him, we don't have a country much longer.

46 posted on 04/14/2015 4:14:36 AM PDT by stevem
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To: stevem

I’ve been more active with donations and yard signs, etc., over the years - I retired last November and now have the extra time to do more on-the-ground volunteer work this election cycle. I agree - if not Cruz (or even Walker) we will continue to free-fall into the obliteration of our remaining Freedoms.


47 posted on 04/14/2015 4:33:21 AM PDT by trebb (Where in the the hell has my country gone?)
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To: conservativegranny

Thanks much.

I also just found this. All the briefs for and against.

http://www.americanbar.org/publications/preview_home/14-556-14-562-14-571-14-574.html?cq_ck=1425077268167


48 posted on 04/14/2015 5:40:05 PM PDT by ForYourChildren (Christian Education [ RomanRoadsMedia.com - a Classical Christian Approach to Homeschool ])
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; cardinal4; ColdOne; ...
Tenth Amendment / Tedth Amendment ping.

49 posted on 04/16/2015 4:38:49 AM PDT by SunkenCiv (What do we want? REGIME CHANGE! When do we want it? NOW!)
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50 posted on 04/16/2015 7:05:59 AM PDT by cripplecreek ("For by wise guidance you can wage your war")
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To: SoConPubbie

So he’s supporting states having hay marriage? Face palm

Hasn’t the Supreme Court just Mt decided this anyway?


51 posted on 06/21/2015 11:05:29 AM PDT by nickcarraway
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To: RKBA Democrat
Why can't he be against hay marroage? His brief admits hay marriage is legitimate Battle lost.

So there aren't any candidates against hay marriage?

52 posted on 06/21/2015 11:10:59 AM PDT by nickcarraway
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To: RKBA Democrat
Why can't he be against hay marroage? His brief admits hay marriage is legitimate Battle lost.

So there aren't any candidates against hay marriage?

53 posted on 06/21/2015 11:11:01 AM PDT by nickcarraway
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To: nickcarraway

...”So he’s supporting states having hay marriage?”....

No...Cruz wants the Government to have less power in the states....how you do that is by giving the states more power over what they do and do not do in their own state.


54 posted on 06/21/2015 11:11:20 AM PDT by caww
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To: caww
Cruz wants the Government to have less power in the states

But marriage had never been a states issue. Ever heard of bigamy or taxes? If it's legal in one state it will be legal in every state.

By acknowledging gay marriage is legitimate, Cruz is giving away the store. Either gay marriage is possible or not. Cruz is doing the left's work for them.

55 posted on 06/21/2015 11:25:49 AM PDT by nickcarraway
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To: caww

By the way, within 10 days, Supreme Court will already have decided this. But the left can point to Cruz’ brief and say, “you agree with gay marriage.”


56 posted on 06/21/2015 11:34:13 AM PDT by nickcarraway
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To: nickcarraway

As I see it this is a Presidential Run....I know where Cruz stood before he got in. That is the man I know him to be so I give much room throughout the campaign for hims to move either left or right.....

If anyone wants to know what Cruz is about and why he takes the stands he does....read the Constitution and you’ll know the man. HE sees the big picture.


57 posted on 06/21/2015 12:00:35 PM PDT by caww
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To: caww

So you and Ted Cruz think same-sex marriage is in the Constitution? That’s a huge disappointment. Of 12 candidates is there a single nonRINO? I guess not.


58 posted on 06/21/2015 12:05:40 PM PDT by nickcarraway
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To: nickcarraway

Quite twisting my words.....

Cruz believes, and so do I in state rights over Government intrusion.

Cruz introduced the ‘State Marriage Defense Act’, which would prevent the federal government from asserting its own definition of marriage on the states.....It would effectively nullify the marriages of same-sex couples who married in one state and moved to another state where such unions were illegal.

Cruz....”I support traditional marriage and we should reject attempts by the Obama administration to force same-sex marriage on all 50 states..... The State Marriage Defense Act helps safeguard the ability of states to preserve traditional marriage for their citizens,” he said.


59 posted on 06/21/2015 12:16:35 PM PDT by caww
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To: nickcarraway

Apologies. I’ve been taking my own advice and ignoring a lot of this. I haven’t read the brief so I’ll take your word for it.

As for your bigger question as to whether any of these candidates are against gay marriage....they’re for or against whatever allows them to gain or stay in power. TPA Cruz got the memo on obamatrade. Thus he’s for obamatrade. The chamber of cronies is for homosexual marriage, so he’s not Going to go to the mattresses to oppose it. So he signs an amicus brief. That’s nice. It’s worth a bucket of warm spit in the grand schema.

Rush Limbaugh had a great observation on the rats many years ago. He noted that the rats don’t really want to fix problems as it would take away something for them to run on. It was spot on. But he never took it so far as to point out that the gop faction of the uniparty does the same thing.

Don’t expect Cruz or any of the other monotones to deviate from a model that has kept the uniparty in power for generations.


60 posted on 06/21/2015 4:16:22 PM PDT by RKBA Democrat ( The ballot is a suggestion box for slaves and fools.)
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