Sunday closing laws
Sunday closing laws, also known as blue laws, originated in colonial America with the aim of allowing individuals to observe the Christian Sabbath. These laws traditionally prohibited various commercial activities on Sundays to promote rest and religious observance. Following the Civil War, there was pushback against these laws as businesses sought to operate on Sundays, leading to legal challenges and public debates about their relevance. In the late 19th century, labor unions and religious groups united to advocate for Sunday as a day of rest.
The Supreme Court has consistently upheld these laws, with notable cases such as Petit v. Maryland affirming restrictions on certain businesses, like barbershops, on Sundays. In the 1960s, the Court addressed challenges by Jewish merchants who sought exemptions, ruling that the Sunday laws did not significantly harm their businesses and did not favor one religion over another. Instead, the Court interpreted the laws as serving a secular purpose by promoting a day of rest for all workers. Currently, 18 states maintain Sunday closing laws, which can be enforced locally, reflecting a blend of historical tradition and contemporary legal frameworks.
Subject Terms
Sunday closing laws
Description: State or local laws that close all but essential businesses on Sunday to promote rest and the common welfare of the nation.
Significance: In 1961 the Supreme Court ruled that these laws have a secular purpose and therefore do not violate the establishment of religion clause.
The first Sunday closing laws, or blue laws, went into effect in colonial America and were expressly designed to enable people to celebrate the Christian Sabbath. After the Civil War, businesses began to challenge the laws by, for example, publishing a newspaper on Sunday. In the late nineteenth century, labor unions and Sabbatarians joined forces to preserve Sunday as a common day of rest.
The Supreme Court has consistently upheld the Sunday laws. In Petit v. Maryland (1900), the Court ruled that cutting hair did not constitute a work of necessity or charity and therefore forbade a barber shop from operating on Sunday. In 1961 the court ruled on four Sunday closing law cases. Gallagher v. Crown Kosher Super Market of Massachusetts and Braunfeld v. Maryland involved challenges by Jewish merchants. The Court denied that the owners of these Jewish businesses, who closed on Saturday for religious reasons, suffered substantial harm from being forced to close on Sunday. In McGowan v. Maryland and Two Guys from Harrison-Allentown v. McGinley, the Court rejected the claim that Sunday closing laws promoted one religion over another and found that they did not violate the equal protection clause of the Fourteenth Amendment. The Court found that the law did not aid a particular religion but rather had a secular purpose, promoting a day of common rest and recreation for workers. Eighteen states recognize Sunday closing laws subject to local enforcement.