Gallagher v. Crown Kosher Super Market of Massachusetts, Inc.
Headline: Massachusetts Sunday closing laws upheld; Court rejects equal-protection and establishment claims, leaving a kosher grocer and Orthodox customers unable to operate or shop on Sundays as before.
Holding: The Court reversed the lower court, ruling that Massachusetts’ Sunday closing statutes do not violate equal protection or represent a religious establishment, and do not, on their face, prohibit free exercise as challenged here.
- Allows Massachusetts to enforce Sunday closing laws as written.
- Makes it harder for kosher grocers to operate and regain lost Sunday sales.
- Limits Orthodox customers’ access to kosher food between Friday night and Monday.
Summary
Background
Crown Kosher Super Market, run by Orthodox Jewish owners, sued after Springfield’s police had prosecuted its manager for keeping the store open on Sunday. Crown sells mostly kosher food and had previously done about one-third of its weekly business on Sundays. Because Orthodox law forbids work from Friday sundown to Saturday sundown, Crown could not shift its hours to Saturday night and found a short Sunday morning opening impractical. Massachusetts law broadly bans business on Sunday but lists many specific exceptions for sales, transportation, sports, and licensed entertainments. A three-judge federal court enjoined enforcement; the State appealed.
Reasoning
The Court framed the questions simply: do these Sunday closing rules unfairly discriminate, establish religion, or forbid the free exercise of Orthodox practice? Applying the equal protection tests discussed in a companion case, the Court found many exemptions could reasonably serve secular aims, such as providing rest or necessary services, and upheld the classifications. The Court also reviewed the statutes’ history and concluded their present purpose and effect are secular — to provide a day of rest and recreation — not to impose religious worship. On the free exercise claim, the Court relied on a related decision that rejected similar arguments and therefore did not rule further on standing. The Court reversed the lower court’s injunction.
Real world impact
The ruling allows Massachusetts to continue enforcing its Sunday closing laws as written. Kosher grocers, Orthodox customers, and rabbis who supervise kosher meat may face continued practical difficulties buying or selling Saturday to Sunday, and may lose the Sunday business they once had. The decision leaves in place many legislative exemptions and local licensing systems that shape who may operate on Sundays.
Dissents or concurrances
Justices Frankfurter and Harlan wrote separately in concurrence. Justices Brennan, Stewart, and Douglas dissented, arguing the laws, as applied, interfere with free exercise of religion.
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