He did acknowledge that its reversal would create massive legal complications.
“You’ve got a ton of people who have entered into gay marriages and it would be more than a little chaotic for the court to do something that somehow disrupted those marriages,” the senator added.
Mr Cruz’s comments followed the court’s overturning of Roe v. Wade in late June, a ruling that made abortion up until foetal viability a constitutional right in America – and left it up to the 50 states to set their own laws on abortion.
Justice Clarence Thomas, in his opinion concurring with the decision to reverse Roe, called for the court to re-examine and potentially overturn rulings that protect gay marriage and access to birth control.
“In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence and Obergefell,” he wrote.
Thomas was referring to a 1965 ruling, Griswold v. Connecticut, that allowed married couples to access birth control and a 2003 ruling, Lawrence v. Texas, that banned states from outlawing consensual gay sex.
Justice Samuel Alito, however, wrote in the majority opinion overturning Roe: “We emphasise that our decision concerns the constitutional right to abortion and no other right.”