The Constitutionality of Sabbatarian Exemptions
Loewy, Arnold H.
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On May 29, 1961, the Supreme Court in Gallagher v. Crown Kosher Super Market, and three companion cases, sustained the constitutionality of the Massachusetts Sunday Closing Laws. In so doing, it rejected the claim that the laws unreasonably prohibited the free exercise of religion by not containing a blanket Sabbatarian exemption. Subsequent to Gallagher, several bills have been introduced in the Massachusetts Senate and House of Representatives which would exempt Sabbatarians from all of the Sunday prohibitions embodied in Mass. Gen. Laws Ann. Ch. 136, § 5. It is the purpose of this note to consider the constitutionality of such an exemption.