Texas Sen. Ted Cruz went apoplectic as the U.S. Supreme Court punted on gay marriage cases, while a federal judge issued an order speeding up a legal challenge to the state's gay marriage ban.

The Tea Party favorite and likely presidential candidate in 2016 chided the Court's lack of action as "both tragic and indefensible." On Monday, the court didn't take up five marriage lawsuits, allowing gay marriage in 11 more states. Cruz accused justices of abdicating their responsibility to uphold his limited view of marriage.

“The Supreme Court’s decision to let rulings by lower court judges stand that redefine marriage is both tragic and indefensible,” Cruz sad in a statement. “By refusing to rule if the States can define marriage, the Supreme Court is abdicating its duty to uphold the Constitution. The fact that the Supreme Court Justices, without providing any explanation whatsoever, have permitted lower courts to strike down so many state marriage laws is astonishing."

After all, Cruz added without a hint of overreach, allowing gay marriage is a threat to all of society.

“Traditional marriage is an institution whose integrity and vitality are critical to the health of any society. We should remain faithful to our moral heritage and never hesitate to defend it," he said.

The reaction from Cruz came a day before the 5th U.S. Circuit Court agreed to expedite oral arguments in DeLeon V. Perry, which is challenging the gay marriage ban in Texas. In February, U.S. District Judge Orlando Garcia struck down the state's marriage ban. Attorney General Greg Abbott appealed in July, calling the ban an effort to boost "stable relationships."

That's likely to keep Cruz weeping over "traditional marriage."

Cruz's full statement, Allowing Lower Court Rulings on Same-Sex Marriage to Stand is ‘Tragic and Indefensible,’ and ‘Judicial Activism at its Worst’:

WASHINGTON, DC -- U.S. Sen. Ted Cruz, R-Texas, today issued the following statement regarding the Supreme Court’s decision to reject requests from five States to review state laws that prohibit same-sex marriage.

“The Supreme Court’s decision to let rulings by lower court judges stand that redefine marriage is both tragic and indefensible,” said Sen. Cruz. “By refusing to rule if the States can define marriage, the Supreme Court is abdicating its duty to uphold the Constitution. The fact that the Supreme Court Justices, without providing any explanation whatsoever, have permitted lower courts to strike down so many state marriage laws is astonishing.

“This is judicial activism at its worst. The Constitution entrusts state legislatures, elected by the People, to define marriage consistent with the values and mores of their citizens.  Unelected judges should not be imposing their policy preferences to subvert the considered judgments of democratically elected legislatures.

“The Supreme Court is, de facto, applying an extremely broad interpretation to the 14th Amendment without saying a word – an action that is likely to have far-reaching consequences. Because of the Court’s decision today, 11 States will likely now be forced to legalize same-sex marriage: Virginia, Indiana, Wisconsin, Oklahoma, Utah, North Carolina, South Carolina, West Virginia, Kansas, Colorado, and Wyoming. And this action paves the way for laws prohibiting same-sex marriage to be overturned in any state.

“It is beyond dispute that when the 14th Amendment was adopted 146 years ago, as a necessary post-Civil War era reform, it was not imagined to also mandate same-sex marriage, but that is what the Supreme Court is implying today. The Court is making the preposterous assumption that the People of the United States somehow silently redefined marriage in 1868 when they ratified the 14th Amendment.

“Nothing in the text, logic, structure, or original understanding of the 14th Amendment or any other constitutional provision authorizes judges to redefine marriage for the Nation. It is for the elected representatives of the People to make the laws of marriage, acting on the basis of their own constitutional authority, and protecting it, if necessary, from usurpation by the courts.

“Marriage is a question for the States.  That is why I have introduced legislation, S. 2024, to protect the authority of state legislatures to define marriage. And that is why, when Congress returns to session, I will be introducing a constitutional amendment to prevent the federal government or the courts from attacking or striking down state marriage laws.

“Traditional marriage is an institution whose integrity and vitality are critical to the health of any society. We should remain faithful to our moral heritage and never hesitate to defend it.”

14-50196 - Order Expediting Oral Argument by Equality Case Files