O’REGAN J and SACHS J on the passing of time and change of circumstances. [110] The United States Supreme Court has accepted the doctrine of shifting purpose on the issue of Sunday closing laws. In McGowan v Maryland,66 the Court held that Sunday closing laws did not violate the Establishment Clause of the Constitution. While conceding that there was “no dispute that the original laws which dealt with Sunday labor were motivated by religious forces”,67 Chief Justice Warren concluded such laws were constitutional. “In 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 as those words are used in the Constitution of the United States .... The present purpose and effect of most of them is to provide a uniform day of rest for all citizens; the fact that this day is Sunday, a day of particular significance for the dominant Christian sects, does not bar the State from achieving its secular goals. 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.”68 66 366 US 420 (1961). 67 Id at 431. 68 Id at 444-5. 75

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