9/24/2023 0 Comments U.s.constitution dom of religion![]() ![]() ![]() Later, a state statute mandating that employers honor the Sabbath day of the employee’s choice was held invalid as having the primary effect of promoting religion by weighing the employee’s Sabbath choice over all other interests. Board of Education, from which he had dissented. Justice Frankfurter, with whom Justice Harlan concurred, arrived at the same conclusions by a route that did not require approval of Everson v. Valid secular reasons existed for not simply requiring one day of rest and leaving to each individual to choose the day, reasons of ease of enforcement and of assuring a common day in the community for rest and leisure. The choice of Sunday as the day of rest, although originally religious, now reflected simple legislative inertia or recognition that Sunday was a traditional day for the choice. To say that the States cannot prescribe Sunday as a day of rest for these purposes solely because centuries ago such laws had their genesis in religion would give a constitutional interpretation of hostility to the public welfare rather than one of mere separation of church and State.” 4 Footnote 366 U.S. “he fact that this is Sunday, a day of particular significance for the dominant Christian sects, does not bar the State from achieving its secular goals. However, “n light of the evolution of our Sunday Closing Laws through the centuries, and of their more or less recent emphasis upon secular considerations, it is not difficult to discern that as presently written and administered, most of them, at least, are of a secular rather than of a religious character, and that presently they bear no relationship to establishment of religion.” 3 Footnote McGowan v. The Court acknowledged that historically the laws had a religious motivation and were designed to effectuate concepts of Christian theology. On free exercise in Sunday Closing cases, see “Free Exercise Exemption From General Governmental Requirements,” infra. Decision on the establishment question in this case also controlled the similar decision on that question in Two Guys from Harrison-Allentown v. The Supreme Court rejected an Establishment Clause challenge to Sunday Closing Laws in McGowan v. Commonly, the laws require the observance of the Christian Sabbath as a day of rest, although in recent years they have tended to become honeycombed with exceptions. 420, 431–40 (1961), and in Justice Frankfurter’s concurrence. ![]() 1 Footnote The history is recited at length in the opinion of the Court in McGowan v. The history of Sunday Closing Laws goes back into United States colonial history and far back into English history. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof or abridging the freedom of speech, or of the press or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. ![]()
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