The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Oral Argument: Thursday, December 8, 1960
Decision: Monday, May 29, 1961
Issues: First Amendment, Establishment of Religion

Advocates

John M. Jones, Jr. (Argued the cause for the appellee)
Harry Silbert (Argued the cause for the appellants)

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.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Full Opinion: 8 - 1
Voted with the majority, authored an opinion
Warren
Voted with the majority, joined Warren's opinion
Black
Voted with the majority, authored a special concurrence
Frankfurter
Voted with the minority, authored a dissent
Douglas
Voted with the majority, joined Warren's opinion
Clark
Voted with the majority, joined Frankfurter's special concurrence
Harlan
Voted with the majority, joined Warren's opinion
Brennan
Voted with the majority, joined Warren's opinion
Whittaker
Voted with the majority, joined Warren's opinion
Stewart

Cite this page

The Oyez Project, McGowan v. Maryland, 366 U.S. 420 (1961),
available at: <http://www.oyez.org/cases/1960-1969/1960/1960_8/>
(last visited ).