Sen. Mike Braun (R-IN) said in a conference call with reporters on Tuesday that he believes the U.S. Supreme Court should not have legalized interracial marriage, insisting that decision should have been left up to states.
The Republican lawmaker, a fierce proponent of states’ rights, made his comments when asked about some of the Supreme Court’s biggest decisions, including its legalization of abortion with Roe v. Wade. Braun said Roe v. Wade was a form of judicial activism, and the issue should have been left up to states, according to the Indianapolis Star.
He applied that same logic when asked about Loving v. Virginia, the 1967 decision that legalized interracial marriage.
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“When it comes to issues, you can’t have it both ways,” Braun said, according to the Star. “When you want that diversity to shine within our federal system, there are going to be rules and proceedings, they’re going to be out of sync with maybe what other states would do. It’s the beauty of the system, and that’s where the differences among points of view in our 50 states ought to express themselves.”
Braun was then asked about interracial marriage again and whether he still believes states should decide on that issue in particular.
“I think that that’s something that if you’re not wanting the Supreme Court to weigh in on issues like that, you’re not going to be able to have your cake and eat it too,” Braun said. “I think that’s hypocritical.”
After reports from the press conference emerged, the senator issued a statement saying he had “misunderstood a line of questioning that ended up being about interracial marriage.”
“Let me be clear on that issue—there is no question the Constitution prohibits discrimination of any kind based on race, that is not something is even up for debate, and I condemn racism in any form, at all levels and by any states, entities, or individuals,” he said.
Braun’s comments came after his Republican colleagues grilled Judge Ketanji Brown Jackson on racial issues during her Supreme Court confirmation hearing.
Sen. Ted Cruz (R-TX) repeatedly battered Jackson, who is Black, about whether she believes schools should teach “critical race theory” in schools. He noted that Antiracist Baby is a book recommended at her children’s private school, Georgetown Day, where she serves as a board member.
“Do you agree with this book that is being taught with kids that babies are racist?” he asked the judge, who had to take a deep pause for a moment before responding to the senator’s eye-popping remark.
“I do not believe that any child should be made to feel as though they are racist or though they are not valued or though they are less-than,” Jackson responded. “That they are victims. That they are oppressors.”