Ted Cruz of Texas, the senator for Texas, said that this weekend he was thinking about the issue. Obergefell v. Hodges — the 2015 Supreme Court decision that legalized same-sex marriage nationwide — was wrongly decided. Predictably, the panel of CNN’s Neue Day on Monday morning took Cruz’s remarks out of context to bash the Texas Senator and the “right extreme of the base” that is still opposed to gay marriage in today’s enlightened America.
CNN’s Kaitlan Collins, filling in for Neue DayBrianna, the cohost of the panel, opened the discussion by showing two clips of Cruz on his show. Cloakroom:
ObergefellLike Roe V. WadeTwo centuries of history in our country’s past were ignored. It was never an issue to be married that was dealt with by the federal government. [SCREEN WIPE] Obergefell, the Court said, no, we know better than you guys do and now every state must — uh, must sanction and — and permit gay marriage. Uh — That decision I believe was wrong was made when it was. Um — it was the Court overreaching.
A six-minute longer clip is available of the episode posted on Twitter by Cruz’s special advisor for communications Steve Guest provided the much-needed context for what the Senator said:
So in DobbsWhat is it? According to the Supreme Court, Roe is different because it’s the only one of the cases that involves the taking of a human life and that’s qualitatively different. This proposition I accept.…To be honest, I don’t think this Court has any appetite for overturning any of these decisions. I think Justice Thomas was being a purist in terms of what the Constitution means, but I don’t think they’re — there are other Justices — uh, interested in going down that road.
These reactions reflect an inaccurate view of Cruz’s words.
After airing the edited clips, Collins brought on CNN’s faux-conservative power couple, Margaret Hoover and John Avlon, to tag team the outrage, with Hoover telling the audience, “Let’s just be reminded that Ted Cruz panders to not only the Republican Party’s base but also to the most extreme form of racism in the Republican Party.”
Hoover snidely remarked that Justice Clarence Thomas’s seeming openness to overturning ObergefellThis is foolish as it would jeopardize his wife’s marriage (yes, that was right)
Clarence Thomas was not suggesting that we should reexamine. Loving v. Virginia — which the Obergefell decision is based on — which argues that marriage is a fundamental right. Of course, the Loving v. Virginia decision is about interracial marriage — of which Clarence Thomas benefits from that law and that reading of the Constitution so all of this is circular inanity and pandering to the bigots.
Avlon then chimed in, saying, “Cruz is dignifying politically what Clarence Thomas wrote that the other Justices tried to say oh, we’re not talking about that.”
Lamenting the “anti-majoritarian impulse” that has — in his mind — taken over the modern right, Avlon characterized increasing support for same-sex marriage in the U.S. after the Obergefell decision as “a political problem for Republicans,” and flatly stated that any legal challenges to same-sex marriage in such an environment would be, “a legitimacy-of-the-Court problem.”
No leftist hand-wringing is complete without identifying the bad conservative with Trump. Hoover stated that Trump support was necessary to overturn the Constitution. Obergefell comes from the “right extreme of the base of the Republican Party. Those self-identified Republicans that are turning out in primaries that are trying to throw out every Republican who voted to impeach Trump.”
Avlon concluded with his trademark smugness, lecturing those who are still actually conservative, “I know the name Cheney isn’t popular in Republican circles anymore, but if you’re — if you’re a right-wing activist who says I believe in freedom, as Dick Cheney once said about marriage, freedom means freedom for everybody.”
There’s a lot wrong with this panel. This panel is brimming with smugness. Loving v. Virginia non sequitur. This panel’s biggest sin is its complete misinterpretation of Cruz’s actual words.
But of course you can’t let those pesky facts get in the way of a good story, can you CNN?
This slander of a United States Senator was made possible by FidelityAnd Liberty Mutual. You can find their contact information here.
Click “Expand” to see the relevant transcript.
CNN’s Neue Day
07/18/22
6.38.55 AM ETKAITLAN COLLINS – Well, now that the Supreme Court has overturned Roe vs. WadeIt is not clear if the Court will use this framework in order to decide whether to abrogate rights that extend beyond abortion. Senator Ted Cruz believes that the Supreme Court was “clearly wrong” when it legalized same-sex marriage in the landmark ruling in 2015.
[Cuts to clip]
TED CRUZ [On Verdict with Ted Cruz, 07/17/22]: ObergefellYou may also like Roe V. WadeTwo centuries of history in our country’s past were ignored. The issue of marriage was never left up to the States. [SCREEN WIPE] Obergefell, the Court said, no, we know better than you guys do and now every state must — uh, must sanction and — and permit gay marriage. Uh — I think that decision was clearly wrong when it was decided. Um — it was the Court overreaching.
[End of clip]
COLLINS – CNN political commentator Margaret Hoover (CNN senior political analyst John Avlon) will join us. This is something I’m sure you both have lots of thoughts.
MARGARETHOOVER: What a delight to be awakened by Ted Cruz’s inanities. I mean, if the uninitiated are watching and think oh yeah, that’s really interesting, a senator from Texas who actually has a law degree is saying this, maybe we should look at this. We should all remember that Ted Cruz panders not only to the Republican Party’s base but also to the most hateful forms of racism in the Republican Party. The Texas GOP passed this bill stating that gay people are abnormal. And so if you’re part of the Republican partyIn Texas, you subscribe to this notion that being gay is abnormal now.
You know that Clarence Thomas has said in the Supreme Court decision overturning — uh, Roe in DobbsWe should review previous precedents. Clarence Thomas did not suggest that we should reexamine. Loving v. Virginia — which the Obergefell decision is based on — which argues that marriage is a fundamental right. The reality is that the Loving v. Virginia decision is about interracial marriage — of which Clarence Thomas benefits from that law and that reading of the Constitution so all of this is circular inanity and pandering to the bigots.
JOHN AVLON: But — but it’s not inanity to the extent that Cruz is dignifying politically what Clarence Thomas wrote that the other Justices tried to say oh, we’re not talking about that. Because there is an intellectual flow through line and — and you heard him say right there well, you know historically, as a matter of tradition, marriage was left up to the states. He just rejected that logic. Loving v. Virginia which everyone will say no, no, no, we’re not talking about that.
JOHN BERMAN: You know, Alito specifically said —
AVLON: Yes.
BERMAN: — in his ruling this doesn’t raise any questions beyond abortion, but Clarence Thomas specifically said it does and Ted Cruz is now saying, yeah.
AVLON: Yeah, I mean —
HOOVER: And — and what this is about, right, is on the political side you always want to start gathering momentum politically so that the Court — because the Court has traditionally been afraid of being ahead of where the public is on public opinion on any political issue. 70% support same-sex marriage right now.
AVLON: Yes.
HOOVER – 55% of Republicans voted for the same-sex marriage in 2021. Not only has the country become more pro-same-sex marriage, but it is now also supporting certain protections and restrictions on abortion. The Court reversed this trend.
AVLON: Right. And —
HOOVER: So the thing that concerns me — I’m sorry —
AVLON: — no, that’s fine. Get out of my head, you’re good — it’s all —
HOOVER: — is that the Republican here is, you know, you can’t be naive about when they’re threatening fundamental rights anymore if — if you thought that nothing would have ever happened to Roe.
AVLON: It is — It’s — it’s the anti-majoritarian impulse you’re seeing. Right now conservatives believe that the Court is sufficient and doesn’t matter how public opinion differs. Now, if there’s a disconnect between rulings and the vast majority of public opinion, of which I’d say 71% support for marriage equality — a sea change over the last 20 years is one — that is a political problem for Republicans. It’s also a legitimacy-of-the-Court problem and Ted Cruz of course is just throwing fuel on that fire.
COLLINS: So how does this affect conservative voters? Do they agree with the — a Ted Cruz or are they more on the side of, well this is a decision, we’ve lived with this, and this is how it should be?
AVLON: I — um, I mean —
HOOVER: It —
AVLON: — they just threw out RoeThey would be difficult to keep after 50 years. Obergefell after — after a decade? I think what Ted Cruz is doing is trying — is trying to strengthen his right flank for some future fantasy presidential campaign.
COLLINS: Fantasy?
HOOVER: And — and conserve it’s not fantasy. As — you’re right it’s not that fantastic. Ted Cruz will definitely run for President.
AVLON: Oh, Ted Cruz is going to run for President, I’m just saying Cruz has a fundamental likability problem and that — you know, is — usually matters in — in these things.
HOOVER: But your question was about conservative voters and —
COLLINS – Yes. What do they think?
HOOVER: — I think conservative voters are — frankly they’re different all over the country, but in Texas in particular, at least those self-identified Republicans who turn out for the convention in Texas, they probably like it.
BERMAN – The real question here is whether Ted Cruz can speak for Ted Cruz or anyone else in this argument.
AVLON: Sure.
HOOVER: He speaks for the —
AVLON: Sure.
HOOVER: — right extreme of the base of the Republican Party. Those self-identified Republicans that are turning out in primaries that are trying to throw out every Republican who voted to impeach Trump — there’s three left, by the way — in two weeks you’ve got primaries for Republicans that are trying to take out the last three Republicans who voted to impeach Trump. They’re following this, I think, because they are the self-identified Republican Party base, and the self-identified conservatives.
AVLON: And look, you know — just, just — I know — I know the name Cheney isn’t popular in Republican circles anymore, but if you’re — if you’re a right-wing activist who says I believe in freedom, as Dick Cheney once said about marriage, freedom means freedom for everybody.
HOOVER: [INAUDIBLE].
COLLINS: John —
BERMAN: Margaret and John or John and Margaret? Thank you.
COLLINS – It is great to meet you.
AVLON: It is good to see you, guys.
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