I am more optimistic though, that this court will eventually conclude that the effort to eliminate arbitrariness while preserving fairness in the infliction of [death] is so plainly doomed to failure that is - and the death penalty - must be abandoned altogether. I may not live to see that day, but I have faith that eventually it will arrive.

From 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.

This 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.

Disapproval of homosexuality cannot justify invading the houses, hearts and minds of citizens who choose to live their lives differently.

Over our history there are always those who want to take this wall of separation and remove a brick here or there or damage it more than that. I think one has to be vigilant and constantly on the alert.

By 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.

The death penalty experiment has failed.