Braunfeld v. Brown

Media Items
Oral Argument
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Advocates
David Berger (Argued the cause for the appellees)
Theodore R. Mann (Argued the cause for the appellants)
Case Basics
Docket No.: 
67
Appellee: 
Brown
Appellant: 
Braunfeld
Decided By: 
Warren Court (1958-1962)
Opinion: 
366 U.S. 599 (1961)

Cite this page
The Oyez Project, Braunfeld v. Brown , 366 U.S. 599 (1961)
available at: (http://oyez.org/cases/1960-1969/1960/1960_67)
Facts of the Case: 

Abraham Braunfeld owned a retail clothing and home furnishing store in Philadelphia. As an Orthodox Jew, he was prohibited by his faith from working on Saturday, the Sabbath. The Pennsylvania blue law only allowed certain stores to remain open for business on Sundays. Braunfeld's store was not one of those types allowed to be open. He challenged the law as a violation of the religious liberty clauses because he needed to be open six days a week for economic reasons and was prohibited from doing so by a tenet of his faith and the blue law.

Question: 

Did the Pennsylvania blue law violate the First Amendment's protection of free exercise of religious beliefs?

Conclusion: 

In a 6-to-3 decision, the Court held that the Pennsylvania blue law did not violate the Free Exercise Clause. The freedom to hold religious beliefs and opinions is absolute; however, the freedom to act (even in accordance with religious convictions) is not totally free from government restrictions. The Court found that the Sunday Closing Law had a secular basis and did not make any religious practices unlawful. The blue law is valid despite its indirect burden on religious observance unless the state can accomplish its secular goal of providing a uniform day of rest for all through other means. That an indirect burden, such as economic sacrifice, may be a result of the statute, does not make the blue law unconstitutional.

Decisions

Decision: 5 votes for Brown, 4 vote(s) against
Legal provision: Equal Protection

Sort by Seniority

Wrote a dissent
Douglas
Voted with the majority
Black
Wrote the judgment of the Court
Warren
Wrote a dissent
Brennan
Wrote a dissent
Stewart
Voted with the majority
Clark
Voted with the majority
Whittaker
Wrote a dissent
Frankfurter
Voted with the majority
Harlan

Judgment of the Court by Justice Earl Warren