The bankruptcy bill, sponsored by Sen. Richard Durbin (D-Ill.), permits bankruptcy judges to reduce, or “cramdown,” homeowners’ mortgage payments to help borrowers stay in their homes — an option currently available to save vacation homes, yachts and almost any other valuable asset, but not primary homes.
While commenting on the retirement of Souter, a few made the tiresome typical pop shots at Kelo v. New London, which some think is akin to Plessy on the SC depth charts. I find O'Connor's dissent appealing, even if the majority (especially with Kennedy's gloss) has a point. But, a little perspective please -- this is like those teabaggers thinking Republicans are more sound financially. And, how about that cramdown legislation? Isn't that more important to safeguard the home?
In my view of these cases, a present determination of the constitutional issues is the only course which will advance justice, and I can find no sound reason born of considerations as to the possible inadequacy or ineffectiveness of the judgment that might be rendered which justifies the Court's contrary disposition.
-- Poe v. Ullman, Justice Harlan, dissenting
An important player in the promotion of a right to privacy, including in the area of academic freedom (concurring opinion), was also a great dissenter in other cases such as the "one person, one vote" rule and multiple other Warren opinions. Harlan's seminal Poe dissent, underlining why it was important to take the case in the first place and why protection of the right to use contraceptives was an important privacy interest, underlines the nuances of the justice. And, justice.
Consider the words of the governor of Maine when he signed the aptly entitled "An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom":
In the past, I opposed gay marriage while supporting the idea of civil unions. I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage.
Article I in the Maine Constitution states that "no person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of that person's civil rights or be discriminated against."
This new law does not force any religion to recognize a marriage that falls outside of its beliefs.* It does not require the church to perform any ceremony with which it disagrees. Instead, it reaffirms the separation of Church and State.
It guarantees that Maine citizens will be treated equally under Maine's civil marriage laws, and that is the responsibility of government.
The alternative? Well ...
Since 2004, Maine has had a domestic partner registry, which is supposed to grant some legal rights similar to those enjoyed by married couples. But it's largely useless when it comes to wills, workers' compensation, guardianship and retirement benefits
Many people from both parties are joining the party, and it is starting to be a bit difficult keeping up. (Next up is likely New Hampshire. The California ruling on Prop 8 is coming soon, but some new law doing basically the same thing as before without the word "marriage" is quite possible.) It is a hopeful sign of applying basic principles without doing so in a narrow way that might not appeal to the extremes of either party.
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* It expressly notes:
Affirmation of religious freedom. This Part does not authorize any court or other state or local governmental body, entity, agency or commission to compel, prevent or interfere in any way with any religious institution's religious doctrine, policy, teaching or solemnization of marriage within that particular religious faith's tradition as guaranteed by the Maine Constitution, Article 1, Section 3 or the First Amendment of the United States Constitution. A person authorized to join persons in marriage and who fails or refuses to join persons in marriage is not subject to any fine or other penalty for such failure or refusal.
This is redundant, but if people need it to remember or feel better, fine.