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. BlackmunThis Court repeatedly has recognized that the whole subject of the domestic relations of husband and wife belongs to the laws of the States and not to the laws of the United States.
Harry A. BlackmunIf there is any truth to the old proverb that "one who is his own lawyer has a fool for a client," the Court now bestows a constitutional right on one to make a fool of himself.
Harry A. BlackmunIf [a United States Supreme Court Justice is] in the doghouse with the Chief [Justice], he gets the crud. He gets the tax cases.
Harry A. BlackmunThe mixing of government and religion can be a threat to free government, even if no one is forced to participate.... When the government puts its imprimatur on a particular religion, it conveys a message of exclusion to all those who do not adhere to the favored beliefs. A government cannot be premised on the belief that all persons are created equal when it asserts that God prefers some.
Harry A. BlackmunFrom this day forward, I no longer shall tinker with the machinery of death. For more than 20 years I have endeavored - indeed, I have struggled - along with a majority of this Court, to develop procedural and substantive rules that would lend more than the mere appearance of fairness to the death penalty endeavor. Rather than continue to coddle the Court's delusion that the desired level of fairness has been achieved and the need for regulation eviscerated, I feel morally and intellectually obligated to concede that the death penalty experiment has failed.
Harry A. Blackmun