Delicious irony: Ted Cruz dodged chance to argue against gays in landmark case, Lawrence v. Texas

Posted by admin | Posted in Politics | Posted on 29-04-2015-05-2008


U.S. Senator Ted Cruz (R-TX) pauses to look at the crowd as he confirms his candidacy for the 2016 U.S. presidential election race during a speech at Liberty College in Lynchburg, Virginia March 23, 2015. Cruz, a conservative firebrand who frequently clas

It appears that the champion of all that is sacred and true about “traditional marriage” has a teeny weeny hole in his resume: Ted Cruz ducked when faced with the opportunity to argue against LGBT rights in the 2003 Supreme Court case Lawrence v. Texas, which ultimately struck down sodomy laws and paved the way for future LGBT legal advances.

At the time, Cruz had just become solicitor general of Texas, the state’s top litigator and the most likely candidate to argue a critical Supreme Court case. Heidi Przybyla reports the juicy details, starting with Mitchell Katine, the local attorney for the defendants in the case:

“Cruz remained absolutely silent,” Katine said. The case remained assigned instead to a Harris County district attorney.

Through a spokesman, Cruz said he didn’t step in because the case was criminal in nature and his office primarily handled civil cases. Yet six of the nine cases Cruz argued before the nation’s highest court were criminal in nature. Cruz also was just beginning a new job, and his advisers say he wasn’t in a position to take over. Cruz started the solicitor general’s job Feb. 10, 2003 and the Texas brief was filed on Feb. 17. Yet Dellinger notes that the court argument wasn’t until March 26, which gave “plenty of time to prepare.”

“One would expect the state solicitor to argue a case of this magnitude,” said [Walter] Dellinger. 

Dellinger, a former Justice Department official during the Clinton administration, has argued numerous Supreme Court cases and knows a little something about etiquette and protocol.  

Maybe Cruz didn’t want to take on sodomy laws back in the day because he knew LGBT donors could be a real asset to his candidacies. Sure enough, Cruz’s turn with gay donors last week wasn’t the first time he’s taken money from gays or people who support LGBT causes.

He accepted $250,000 [in 2009] from gay donor Peter Thiel, the co-founder of PayPal, who is also a top contributor to the national gay conservative group GOProud. Thiel also gave $2 million to Club for Growth, a super political action committee that put $705,657 toward Cruz’s Senate run.

Paul Singer, a hedge fund billionaire whose son married his partner and who pushed for legalization of same-sex marriage in New York, gave Cruz $25,000 in 2009.

How’s that for ideological purity? Straight from the guy who, over the weekend, encouraged Iowa Christian conservatives to pray away the big gay threat to traditional marriage at the Supreme Court.

“I have to tell you one thing that I think all of us are called to do between now and then and especially on Tuesday – is fall to our knees in prayer.”

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