U.S. Senator Ted Cruz (R-TX) while in my home state of Iowa told a group at Morningside College in Sioux City, IA that, if the Supreme Court rules against state constitutional amendments defining marriage in a case currently before them, he would prod Congress to strip the court of its jurisdiction over that issue. It is a tool that Congress has applied before in the past to address the problem of a runaway court.
It is a concrete step that Congress can take to push the issue back to the states. Cruz also suggested a constitutional amendment that would clarify the power of the state legislatures to define marriage.
Contrast this response with the those who didn’t even take the time to sign a “friend of the court” brief urging the Supreme Court to uphold the ban. U.S. Senators Marco Rubio (R-FL) and Rand Paul (R-KY) were off that list.
They were not the only ones. Indiana Governor Mike Pence, who flip-flopped on his state’s RFRA law, was also absent from a brief signed by 15 Republican governors. Also, RNC Chair Reince Preibus was MIA from a brief signed by members of the 2012 Republican National Convention Platform Committee.
The silence on this issue in certain corners is deafening and disappointing.