"Consenting adults should be able to do what they wish in their private sexual activity, and government has no business in their bedrooms," a Cruz spokesperson told The Dallas Morning News.

Although Texas' law is currently defunct, the Supreme Court's recent decision to overturn Roe v. Wade has raised questions whether Lawerence v. Texas could be next. Both landmark cases were decided on the right to privacy.

In the decision striking down the right to an abortion, Justice Clarence Thomas wrote that the Court should also reconsider the precedence in Lawrence, which he called "demonstrably erroneous," and allow states to criminalise gay sex.

Texas is one of at least 11 states that have a sodomy ban in place.

Cruz's remarks came just a week after he said the Supreme Court was "clearly wrong" to legalise same-sex marriage in the Obergefell v. Hodges ruling in 2015, arguing that such policy should be left up to states to decide and should not be mandated by a federal standard.