It seems clear that Texas cannot constitutionally forbid the display of the Confederate flag on a license plate because others might find it "offensive or disagreeable." But it is not so simple. Is the government discriminating among private speakers, or is it expressing only the messages it wishes to convey?
Sen. Cruz's "State Marriage Defense Act" is unlikely to become law anytime soon. Yet it is a good example of the kind of chaotic reaction the U.S. Supreme Court eventually could unleash if it upheld anti-gay state marriage laws in the case it will hear later this term. Justice Kennedy and Chief Justice Roberts, are you listening?
How fitting that just before Martin Luther King Jr. weekend our Supreme Court justices agreed to decide whether our constitution requires all 50 states to recognize same-sex marriages. As Dr. King said the night before he died, "All we say to America is be true to what you said on paper." Equal means equal.
With today's SCOTUS announcement we are entering what we hope will be the last phase of a journey toward greater dignity and equality for lesbian, gay, and bisexual people that started decades ago and has accelerated at a truly astounding rate over the last year and a half. A win before the high court would be a watershed moment for the LGBT-rights movement.