There's a full-blown emergency playing out in Texas. It's a gay civil rights emergency, and, if left unchecked, a disaster will occur that could affect the future of gay and transgender people there for some time to come. And yet, there's largely been dead silence from business leaders, public figures, much of the national media and pro-gay politicians.
Such an opinion by Chief Justice Roberts would not only strengthen the decision but put into the Supreme Court's toolbox the importance of viewing discrimination against someone on the basis of her sexual orientation as simple sex discrimination. This would help bring "heightened scrutiny" into consideration in future gay-rights cases.
Heterosexual marriages do not automatically lead to happy households and well-balanced children. Parents are parents -- and all can make bad decisions, learn as they go, or not be perfect. It doesn't matter if they are gay, straight, single or otherwise. But to deny protections to parents already raising children isn't right, and the only purpose it serves is to hurt those children.
As recently as last week, Supreme Court Justice Ginsburg was nonchalantly dismissing the need for the court to weigh in on marriage. Because lower federal courts are all in agreement that marriage bans are unconstitutional, she explained, there's no need for the justices to intercede. But that may (or may not) change now that a judge in Puerto Rico has upheld a marriage ban.