In a video uploaded to YouTube from his Verdict+ podcast, Cruz discussed what was described as the “vulnerability” of the Obergefell ruling. He argued that the ruling was not correctly decided, making a similar argument to Supreme Court Justice Clarence Thomas in his concurring opinion when the top judicial body formally overturned Roe v. Wade, which ended a woman’s right to an abortion, in late June.

“Obergefell, like Roe v. Wade, ignored two centuries of our nation’s history,” the senator argued in the clip from his podcast. “Marriage was always an issue that was left to the states. We saw states before Obergefell—some states were moving to allow gay marriage, other states were moving to allow civil partnerships. There were different standards that the states were adopting.”

The Texas Republican contended that the “democratic process would have continued to operate” if the Supreme Court had not ruled the way it did. “In Obergefell the Court said, ‘no, we know better than you,’ and now every state must sanction and permit gay marriage,” he said.