Tea Party favorite Sen. Ted Cruz (R-Texas) introduced legislation on Thursday in the U.S. Senate to prohibit the federal government from recognizing same-sex marriages in states without marriage equality.
The Texas Republican said he introduced the bill, called the State Defense Marriage Act, in response to the Obama administration’s recognition of same-sex marriage in federal programs — even for gay couples living in non-marriage equality states — following the Supreme Court decision against the Defense of Marriage Act.
“I support traditional marriage,” Cruz said in a statement. “Under President Obama, the federal government has tried to re-define marriage, and to undermine the constitutional authority of each state to define marriage consistent with the values of its citizens. The Obama Administration should not be trying to force gay marriage on all 50 states.”
Known for his filibuster of health care reform legislation, Cruz is a freshman senator and hasn’t been in the Senate long enough to establish an anti-LGBT record while in Congress. However, he voted last year against an LGBT-inclusive version of the a bill to reauthorize the Violence Against Women Act.
Among the co-sponsors of the legislation is Sen. Mike Lee (R-Utah), another Tea Party favorite known for his opposition to same-sex marriage. Cruz and Lee are currently the only sponsors of the bill.
Lee is also chief sponsor of the Marriage and Religious Freedom Act, which would prohibit the federal government from discriminating against organizations that exercise “religious conscience” against same-sex marriage.
Cruz introduced the legislation on the heels of complaints from conservatives over U.S. Attorney General Eric Holder’s announcement that the Justice Department would recognize same-sex marriages in courtrooms and federal programs — even in jurisdictions without marriage equality.
Tony Perkins, president of the anti-gay Family Research Council, praised Cruz for introducing the legislation in the wake of policy developments along the lines of Holder’s announcement.
“The Department of Justice (DOJ) is the latest agency to announce a policy of recognizing same sex couples as ‘married’ – even if they live in a state that does not,” Perkins said. “These announcements not only contradict other agency guidance, but also undermine state laws on marriage, a result directly condemned by the Windsor Court’s ruling.”
Companion legislation already exists in the House, where a bill was introduced Rep. Randy Forbes (R-Texas). Counting Forbes, the legislation has 58 sponsors.
Ian Thompson, legislative representative of the American Civil Liberties Union, called the legislation an effort “to reincarnate DOMA under a new name.”
“The bill would force the federal government to disrespect the legal marriages of same-sex couples in (currently) more than half the country,” Thompson said. “Rather than wasting time trying to, once again, enshrine anti-gay discrimination in federal law, Congress should pass the Respect for Marriage Act to provide married same-sex couples with certainty that the federal government will recognize their marriages regardless of where in the country they live in or move to.”