The Free Exercise Clause at the very least was designed to guarantee freedom of conscience by prohibiting any degree of compulsion in matters of belief. It was offended by a burden on one's religion. The Establishment Clause can be understood as designed in part to ensure that the advancement of religion comes only from the voluntary efforts of its proponents and not from support by the state. Religious groups are to prosper or perish on the intrinsic merit and attraction of their beliefs and practices.
Harry A. BlackmunBy placing discretion in the hands of an official to grant or deny a license, such a statute creates a threat of censorship that by its very existence chills free speech.
Harry A. BlackmunThe states are not free, under the guise of protecting maternal health or potential life, to intimidate women into continuing pregnancies.
Harry A. BlackmunWho is to say that 5 men 10 years ago were right whereas 5 men looking the other direction today are wrong.
Harry A. BlackmunThe flaw in the statute is that in all its applications, it operates on a fundamentally mistaken premise that high solicitation costs are an accurate measure of fraud.
Harry A. BlackmunThe Free Exercise Clause at the very least was designed to guarantee freedom of conscience by prohibiting any degree of compulsion in matters of belief. It was offended by a burden on one's religion. The Establishment Clause can be understood as designed in part to ensure that the advancement of religion comes only from the voluntary efforts of its proponents and not from support by the state. Religious groups are to prosper or perish on the intrinsic merit and attraction of their beliefs and practices.
Harry A. Blackmun