Braunfeld v. Brown

Braunfeld v. Brown, 366 U.S. 599 (1961), was a landmark case on the issue of religious and economic liberty decided by the United States Supreme Court.

In a 6–3 decision, the Court held that a Pennsylvania blue law forbidding the sale of various retail products on Sunday was not an unconstitutional interference with religion as described in the First Amendment to the United States Constitution.

Justice Brennan wrote in part: [T]he issue in this case – and we do not understand either appellees or the Court to contend otherwise – is whether a State may put an individual to a choice between his business and his religion.

In the Sherbert case, the court struck down a law on Free Exercise grounds that prohibited a worker from collecting unemployment compensation who was terminated from her job because she would not work on Saturdays for religious reasons.

In that opinion, Justice Douglas argued that the "Sunday Laws" could not be separated from their religious roots, and that the imposition of those laws on persons of other religions violated both the Establishment Clause and the Free Exercise Clause of the First Amendment to the United States Constitution Justice Stewart joined Justice Brennan's dissent, and wrote further: Pennsylvania has passed a law which compels an Orthodox Jew to choose between his religious faith and his economic survival.

I think the impact of this law upon these appellants grossly violates their constitutional right to the free exercise of their religion.Braunfeld, 366 U.S. at 616.