HOME > First Amendment Library > Case   McGowan v. Maryland (docket #: 8) (1961)  [Findlaw] Argument Date 12/08/1960 Decided 05/29/1961 Supreme Court Vote 6-3 Supreme Court Ruling Establishment Clause and Free Exercise Clause claims denied; Statute prohibiting retail sale on Sundays, with some exceptions, does not violate the Equal Protection or Due Process Clause or constitute a law respecting establishment of religion.   Issue Whether a Maryland statute prohibiting retail on Sunday, with some exceptions for food and other things constitutes a violation of the Fourteenth and First Amendments. Majority Opinion Warren, C.J. Concurring Opinion Frankfurter, J. (joined by Harlan, J.) Dissenting Opinion Douglas, J. Lower Court Maryland Court of Appeals Oral Arguments audio record  [Oyez] Lawyers For Petitioner Harry Silber For Respondent John Martin Jones News Stories & Commentary "3 States Defend Sunday Sale Ban," The New York Times, Dec. 9, 1960, p. 22 Edwards, Willard, "Sunday Blue Laws Upheld," The Chicago Daily Tribune, May 30, 1961, p.1 Lewis, Anthony, "High Court Backs States' Blue Laws," The New York Times, May 30, 1961, p. 1 Stern, Lawrence, "Tight Sunday Closing Law Proposed by Maryland Unit," The Washington Post, March 3, 1959, Sect. B, p.1 Opinion - Lower Court Margaret M. McGowan v. State of Maryland, 220 Md. 117, (Md. 1959) News "Blue Laws Left Intact," The Washington Post, Oct. 7, 1980, sect. C, pg. 3 Other Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (2nd ed., 2002), sect. 12.2.3 Nowak, John E. & Rotunda, Ronald D., PRINCIPLES OF CONSTITUTIONAL LAW (2ND ED., 2005), sect. 17.10 Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (22nd ed., 1988) sect. 14  SEARCH MORE About this site About the First Amendment About the First Amendment Center How to contribute Video/RSS/podcasts First Amendment programs State of the First Amendment reports Religious liberty in public schools First Reports Supreme Court Columnists Experts First Amendment publications First Amendment Center history Glossary Freedom Sings™ Events First Amendment Schools Congressional Research Service reports Guest editorials FOI material The First Amendment Library Lesson plans freedomforum.org Newseum Contact us Privacy statement Related links