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?