McGowan v. Maryland

Media Items
Oral Argument
Get Adobe Flash Player
Advocates
Harry Silbert (Argued the cause for the appellants)
John M. Jones, Jr. (Argued the cause for the appellee)
Case Basics
Docket No.: 
8
Appellee: 
Maryland
Appellant: 
McGowan
Decided By: 
Warren Court (1958-1962)
Opinion: 
366 U.S. 420 (1961)
Categories: 
establishment of religion

Cite this page
The Oyez Project, McGowan v. Maryland , 366 U.S. 420 (1961)
available at: (http://oyez.org/cases/1960-1969/1960/1960_8)
Facts of the Case: 

Several employes of a discount department store sold a few items, such as floor wax and loose-leaf notebooks, to customers on a Sunday. By doing so, they violated Maryland's blue laws which only allow certain items, such as drugs, tobacco, newspapers and some foodstuffs, to be sold on Sundays.

Question: 

Do Maryland's blue laws violate the Free Exercise and Religious Establishment clauses of the First Amendment?

Conclusion: 

No. The Court found that the blue laws did not violate the Free Exercise Clause because the employees allege only economic injury and not infringement on their own religious practices. The Court also found that the blue laws did not violate the division between church and state. Sunday closing laws started out to facilitate church attendance in colonial America; however, the present Maryland laws are based on secular rather than religious state interests. The laws are to improve the "health, safety, recreation, and general well-being" of citizens. The present purpose of the laws is to provide a uniform day of rest for all. The fact that this day is of particular significance for various Christian sects does not bar the State from achieving its secular goals.

Decisions

Decision: 8 votes for Maryland, 1 vote(s) against
Legal provision: Equal Protection

Sort by Ideology

Wrote the majority opinion
Warren
Voted with the majority
Black
Wrote a special concurrence
Frankfurter
Wrote a dissent
Douglas
Voted with the majority
Clark
Voted with the majority, joined Frankfurter's concurrence
Harlan
Voted with the majority
Brennan
Voted with the majority
Whittaker
Voted with the majority
Stewart

Full Opinion by Justice Earl Warren