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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