ThinkProgress published an article with the very misleading headline, “Living In His Own Reality, Cruz Files Constitutional Amendment To Ban Same-Sex Marriage.” But that is not what the amendment he is proposing would do and their own text in the article shows that:
As the U.S. Supreme Court prepares to hear arguments in a case that could overturn state laws that restrict marriage to only between a man and a woman, public support for same-sex marriage is at an all-time high. But that hasn’t stopped Texas Sen. Ted Cruz (R) from launching a last ditch effort to limit marriage to just heterosexual couples.
Cruz filed two bills this week, one of which would establish a constitutional amendment protecting from legal action states that define marriage as only between a man and a woman, according to Bloomberg News. The other would stop federal courts from considering the same-sex marriage issue until that amendment is in place.
But neither of those bills would ban same-sex marriage, they would allow states to control the issue (several of which have already legalized it through referendum or legislative action) and forbid the courts from intervening with state law. That’s very different from banning same-sex marriage. Still, these are terrible bills. They also have zero chance of passing. This is Cruz pandering to the Christian right to help his presidential campaign.
Probably most legislation that is introduced is done so without the sponsors caring at all whether it passes or not. In fact, they often don’t want their own bills to pass because it would diminish their political advantage if they did.