Blue laws
Blue laws are regulations that historically mandated certain activities to be restricted or prohibited on Sundays, primarily for religious reasons. Originating in colonial America, particularly under the influence of Puritan beliefs, these laws aimed to enforce moral behavior and ensure that Sunday was observed as a day of rest in accordance with the Fourth Commandment. Typical restrictions included prohibitions against work, the sale of alcohol, and various recreational activities such as dancing and public sports. While the U.S. Supreme Court has upheld the constitutionality of these laws, affirming a state's right to designate a day of rest, their relevance has diminished significantly over time. By the twentieth century, many blue laws fell into disuse and have been repealed or ignored in various regions. Today, although some blue laws remain on the books, they are largely considered a minor issue, with most people unaware of their existence in areas where they are not actively enforced. The cultural context of blue laws reflects a complex interplay between religious beliefs and legislative authority, highlighting the evolving nature of societal norms regarding work and rest.
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Blue laws
SIGNIFICANCE:Sunday closing laws originated for religious reasons, and the U.S. Supreme Court has held that they do not go against the U.S. Constitution; nevertheless, in most areas blue laws have little significance in the twenty-first century.
The origin of the term “blue laws” is uncertain; it may refer to the color of the paper on which colonial New Haven, Connecticut, printed its laws. During the early colonial period the Puritans established their civil government as an outgrowth of their religious convictions. Many of their laws had the purpose of enforcing moral behavior; it was for moral and religious reasons that they restricted or required certain activities, especially on Sundays. As the Christian Sabbath, Sunday was to be a day of rest in compliance with the fourth of the Ten Commandments: “Remember the Sabbath day and keep it holy . . . you shall not do any work.”
In addition to regulations against work, there were prohibitions against selling liquor and against such activities as dancing, card playing, cooking, traveling, public sports, and smoking. In the early 1600’s, Virginia (not a Puritan colony) passed a law requiring church attendance on Sunday.
Blue laws restricting activities ranging from general labor to retail sales to clam digging have remained on the books in many states and localities, although in most areas they gradually fell into disuse in the twentieth century. Blue laws have been challenged in the courts, and in two cases in 1961 (the first was McGowan v. Maryland) the U.S. Supreme Court upheld the constitutionality of blue laws. The Court held that a blue law requiring businesses to close on Sundays did not violate the freedom of religion clause of the First Amendment , saying that the state has a legitimate interest in designating a day of rest for its citizens. Nevertheless, since the 1960s blue laws have been a relatively minor issue. In some areas they have been repealed; in others they are still on the books but are ignored.
Bibliography
Laband, David N., and Deborah Hendry Heinbuch. Blue Laws: The History, Economics, and Politics of Sunday-Closing Laws. Lexington, Mass.: Lexington Books, 1987.
Mackinnon, J. B. "America’s Last Ban on Sunday Shopping." New Yorker. Condé Nast, 7 Feb. 2015. Web. 25 May 2016.
Myers, Gustavus. Ye Olden Blue Laws. New York: Century Co., 1921.
Robbins, Ira P. "The Obsolescence of Blue Laws in the Twenty-First Century." Stanford Law & Policy Review, vol. 33, 3 Oct. 2022, law.stanford.edu/publications/the-obsolescence-of-blue-laws-in-the-21st-century/. Accessed 21 June 2024.
Volk, Kyle G. "Fighting for the Right to Party on Sundays." Humanities July–Aug. 2015: n. pag. NEH. Web. 25 May 2016.
Wallenstein, Peter. Blue Laws and Black Codes: Conflict, Courts, and Change in Twentieth-Century Virginia. Charlottesville: University of Virginia Press, 2004.