Blue laws (also known asSunday laws,Sunday trade laws, andSunday closing laws) are laws restricting or banning certain activities on specified days, usuallySundays in thewestern world. The laws were adopted originally forreligious reasons, specifically to promote the observance of theChristian day ofworship. Since then, they have come to servesecular purposes as well.
Blue laws commonly ban certain business and recreational activities on Sundays, and impose restrictions on theretail sale ofhard goods andconsumables, particularlyalcoholic beverages.[1][2] The laws also place limitations on a range of other endeavors—includingtravel,fashions,hunting,professional sports,stage performances,movie showings, and gambling.[3][4] While less prevalent today, blue laws continue to be enforced in parts of the United States andCanada as well as in European countries, such asAustria,Germany,Norway, andPoland, where most stores are required to close on Sundays.[3][5][6][7][8]
In the United States, theSupreme Court has upheld blue laws asconstitutional despite their religious origins if supported by secular justifications. This has resulted to the provision of a day of rest for the general population.[9][10] Meanwhile, various state courts have struck down the laws as either unenforceable or in violation of their states' constitutions. In response, state legislators have re-enacted certain Sunday laws to satisfy the rulings while allowing some of the other statutes to remain on the books with no intention to enforce them.[11][failed verification]
The Roman EmperorConstantine promulgated the first known law regarding prohibition of Sunday labour for apparent religion-associated reasons in A.D. 321:
On the venerable Day of the Sun let the magistrates and people residing in cities rest, and let all workshops be closed.
— Codex Justinianus, lib. 3, tit. 12, 3
The earliest laws in North America addressing Sunday activities and public behavior were enacted in theJamestown Colony in 1619 by the firstGeneral Assembly of Virginia. Among the 70 laws passed by the assembly was a mandate requiring attendance by all colonists at both morning and afternoon worship services on Sundays. The laws adopted that year also included provisions addressing idleness, gambling, drunkenness, and excessive apparel.[12] Similar laws aimed at keeping the Sabbath holy and regulating morals were soon adopted throughout the colonies.[13]
The first known example of the phrase "blue laws" in print was in the March 3, 1755, edition of theNew-York Mercury, in which the writer imagines a future newspaper praising the revival of "our [Connecticut's]old Blue Laws".[14] In his 1781 bookGeneral History of Connecticut, the ReverendSamuel Peters (1735–1826) used the phrase to describe numerous laws adopted by 17th-century Puritans that prohibited various activities on Sunday, recreational as well as commercial.[15] Beyond that, Peters' book is regarded as an unreliable account of the laws and probably was written to satirize their puritanical nature.[16]
While the historical roots of Sunday trade laws in the United States are generally known, the origin of the term "blue laws" remains a mystery. According to aTime magazine editorial in 1961, the year the Supreme Court heard four cases on the issue, the color blue came to be associated with colonial laws in opposition to the red emblem of British royalty.[17] Other explanations have been offered. One of the most widely circulated is that early blue laws adopted inConnecticut were printed on blue paper. However, no copies have been found that would support this claim and it is not deemed credible.[18] A more plausible explanation, one that is gaining general acceptance, is that the laws adopted by Puritans were aimed at enforcing morality and thus were "blue-nosed", though the term "blue" may have been used in the vernacular of the times as a synonym for puritanism itself, in effect, overly strict.[16][2]
As Protestant moral reformers organized theSabbath reform in 19th-century America, calls for the enactment and enforcement of stricter Sunday laws developed. Numerous Americans were arrested for working, keeping an open shop, drinking alcohol, traveling, and engaging in recreational activities on Sundays. Erwin Fahlbusch and Geoffrey William Bromiley write that throughout their existence, organizations advocatingfirst-day Sabbatarianism, such as theLord's Day Alliance in North America and theLord's Day Observance Society in the British Isles, were supported bylabor unions in lobbying "to prevent secular and commercial interests from hampering freedom of worship and from exploiting workers".[19]
In Canada, theLigue du Dimanche, a Roman Catholic Sunday league, supported theLord's Day Act in 1923 and promoted first-day Sabbatarian legislation.[20][failed verification][21] Beginning in the 1840s, workers, Jews,Seventh Day Baptists, freethinkers, and other groups began to organize opposition. Throughout the century, Sunday laws fueled church–state controversy, and as an issue that contributed to the emergence of modern American minority-rights politics.[22] On the other hand, the more recentDies Domini, written byPope John Paul II in 1998, advocates Sunday legislation in that it protects civil servants and workers; the North Dakota Catholic Conference in 2011 likewise maintained that blue laws, in accordance with theCompendium of the Social Doctrine of the Church, "ensure that, for reasons of economic productivity, citizens are not denied time for rest and divine worship".[23] Similarly, Chief JusticeEarl Warren, while recognizing the partial religious origin of blue laws, acknowledged the "secular purpose they served by providing a benefit to workers at the same time that they enhanced labor productivity".[24]
TheLadenschlussgesetz ("shop closing law") on Sundays and public holidays have been in effect since 1956.
InDenmark the closing laws restricting retail trade on Sundays were effectively abolished on October 1, 2012. Retail trade is only restricted on public holidays (New Year's Day,Maundy Thursday,Good Friday,Easter Sunday,Easter Monday, Day of Prayer,Ascension Day,Whit Sunday,Whit Monday,Christmas Day andBoxing Day) and onConstitution Day,Christmas Eve andNew Year's Eve (on New Year's Eve from 3 pm only). On these days almost all shops will remain closed. Exempt are bakeries, DIYs, garden centres, gas stations and smaller supermarkets.[25]
Prior to 1994, trading laws forbade sale of certain products on a Sunday; the distinction between those that could and could not be sold was increasingly seen as arbitrary, and the laws were inadequately enforced and widely flouted. For example, some supermarkets would treat the relatively modest fines arising as a business cost and open nonetheless.[26]
TheSunday Trading Act 1994 relaxed restrictions on Sunday trading. This produced vocal opposition from bodies such as theKeep Sunday Special campaign, and theLord's Day Observance Society: on religious grounds, on the grounds that it would increase consumerism, and that it would reduce shop assistants' weekend leisure time.
The legislation permits large shops (those with a relevant floor area in excess of 280 square metres; 3000 sq. ft.) to open for up to six hours on Sunday. Small shops, those with an area of below 280 square metres (3000 sq. ft.), are free to set their own Sunday trading times. Some large shops, such asoff-licences, service stations and garages, are exempt from the restrictions.
Some very large shops (e.g. department stores) open for longer than six hours on a Sunday by allowing customers in to browse 30 minutes prior to allowing them to make a purchase, since the six-hour restriction only applies to time during which the shop may make sales.
Christmas Day and Easter Sunday are non-trading days. This applies even to garden centres, which earlier had been trading over Easter, but not to small shops (those with an area of below 280 square metres; 3000 sq. ft.).[27]
Prior to 1996, shops were generally closed on Sundays. A new law (store time law [nl]) regarding opening times changed that and leaves that decision mostly up to local municipalities. This law was changed several times since.
TheZondagswet[28] (“Sunday law (in the Netherlands) [nl]”), a law onSabbath desecration, is mainly to ensure that church services remain undisturbed on Sundays and Christian holidays. It forbids public festivities on a Sunday before 13:00, as well as making noise that carries farther than 200 metres (220 yd), but activities that are unlikely to disturb church services are exempt.
Prior to 2008,no football was permitted to be played on Sundays by clubs affiliated to theIrish Football Association in Northern Ireland.[29]
Shops with a floor area of over 280 square metres (3,000 sq ft) may only open from 1 to 6pm on Sundays.[30]
InBelfast, public playgrounds were closed on Sundays until 1965.Swings in public parks were tied up and padlocked to prevent their use.[31][32] Similar laws formerly applied to cinemas, pubs and parks.[33]
Since 2007, blue laws were enacted and resulted in stores closing on the13 state holidays inPoland – these are both religious and secular days of rest. In 2014, an initiative by theLaw and Justice party failed to pass the reading in theSejm to ban trading on Sundays and state holidays. However, since 2018, the ruling government and the President of Poland has signed a law that restricts store trading from March 1, 2018, to the first and last Sunday of the month,Palm Sunday, the 3rd and 4thAdvent Sundays, as well as trading until 14.00 forEaster Saturday and Christmas Eve.
In 2019, the restriction was extended, and trading was permitted solely on the last Sunday of the month, as well asPalm Sunday, the 3rd and 4thAdvent Sundays, as well as trading until 14.00 forEaster Saturday and Christmas Eve. From 2020, stores may only be open on seven Sundays in the year:Palm Sunday, the 3rd and 4thAdvent Sundays, the last Sunday of January, April, June and August as well as trading until 14.00 forEaster Saturday and Christmas Eve.[34] As a result of restrictions in connection with theCOVID-19 pandemic, the 2nd Advent Sunday was later added as a shopping day.[35]
TheLord's Day Act, which since 1906 had prohibited business transactions from taking place on Sundays, was declared unconstitutional in the 1985 caseR. v. Big M Drug Mart Ltd. Calgary police officers witnessed several transactions at the Big M Drug Mart, all of which occurred on a Sunday. Big M was charged with a violation of theLord's Day Act. A provincial court ruled that theLord's Day Act was unconstitutional, but the Crown proceeded to appeal all the way to theSupreme Court of Canada. In a unanimous 6–0 decision, theLord's Day Act was ruled an infringement of the freedom of conscience and religion defined in section 2(a) of theCharter of Rights and Freedoms.[36]
A Toronto referendum in 1950 allowed only team sports to be played professionally on Sunday. Theatre performances, movie screenings, and horse racing were not permitted until the 1960s.[37]
The Supreme Court later concluded, inR. v. Edwards Books and Art Ltd. [1986] (2 S.C.R. 713), that Ontario'sRetail Business Holiday Act, which required some Sunday closings, did not violate the Charter because it did not have a religious purpose. Nonetheless, as of today, virtually all provincial Sunday closing laws have ceased to exist. Some were struck down by provincial courts, but most were simply abrogated,[38] often due to competitive reasons where out-of-province or foreign merchants were open.
In the United States, judges have defended blue laws "in terms of their secular benefit to workers", holding that "the laws were essential to social well-being".[39] In 1896, Supreme Court JusticeStephen Johnson Field, opined with regard to Sunday blue laws:[39]
Its requirement is a cessation from labor. In its enactment, the legislature has given the sanction of law to a rule of conduct, which the entire civilized world recognizes as essential to the physical and moral well-being of society. Upon no subject is there such a concurrence of opinion, among philosophers, moralists and statesmen of all nations, as on the necessity of periodical cessation from labor. One day in seven is the rule, founded in experience and sustained by science. ... The prohibition of secular business on Sunday is advocated on the ground that by it the general welfare is advanced, labor protected, and the moral and physical well-being of society promoted.
— Hennington v. Georgia, 163 U.S. 299 (1896)[40]
Many states prohibit sellingalcohol for on and off-premises sales in one form or another on Sundays at some restricted time, under the idea that people should be in church on Sunday morning, or at least not drinking.[41][42]
Many blue laws in the United States restrict the purchase of particular items on Sundays. Some of these laws restrict the ability to buy cars, groceries, office supplies, and housewares among other things. Though most of these laws have been relaxed or repealed in most states, they are still enforced in some other states.
In Texas, for example, blue laws prohibited selling housewares such as pots, pans, and washing machines on Sunday until 1985. InColorado,Illinois,Indiana,Iowa,Louisiana,Maine,Minnesota,Missouri,Oklahoma,New Jersey,North Dakota,Pennsylvania, andWisconsin, car dealerships continue to operate under blue-law prohibitions in which an automobile may not be purchased or traded on a Sunday.Maryland permits Sunday automobile sales only in the counties ofCharles,Prince George's,Montgomery, andHoward; similarly,Michigan restricts Sunday sales to only those counties with a population of less than 130,000. Texas andUtah prohibit car dealerships from operating over consecutive weekend days. In some cases, these laws were created or retained with the support of those whom they affected, to allow them a day off each week without fear of their competitors still being open.[43]
Blue laws may also prohibit retail activity on days other than Sunday. InMassachusetts,[44]Rhode Island, andMaine,[45] for example, blue laws prohibit most retail stores, including grocery stores, from opening onThanksgiving and Christmas.[46]
Research regarding the effect of the repeal of blue laws has been conducted, with Professor Elesha Coffman ofBaylor University writing:[47]
Regarding culture, the impact of vanishing blue laws could be larger. A study in New Mexico in 2006 found a sharp increase in drunken driving on Sundays after that state dropped its Sunday ban on packaged alcohol sales. A broader study published by MIT and Notre Dame economists in 2008 found that the repeal of blue laws led to decreased church attendance, decreased donations to churches, and increased alcohol and drug use among religious individuals. These wide-ranging effects cannot easily be pinpointed to specific causes, but one of the latter study's authors, Daniel Hungerman, suggested toChristianity Today that blue laws might have been fulfilling their original intent, to keep people pious.[47]
Beginning in the mid-19th century, religious and ethno-cultural minorities arrested for violating state and local blue laws appealed their convictions to state supreme courts. InSpecht v. Commonwealth (Pa. 1848), for example, GermanSeventh Day Baptists in Pennsylvania employed attorneyThaddeus Stevens to challenge the constitutionality of Pennsylvania's Sunday law.[48] As in cases in other states, litigants pointed to the provisions of state constitutions protecting religious liberty and maintained that Sunday laws were a blatant violation. Though typically unsuccessful (most state supreme courts upheld the constitutionality of Sunday laws), these constitutional challenges helped set a pattern by which subsequent minorities would seek to protect religious freedom and minority rights.[49]
TheSupreme Court of the United States held in its landmark case,McGowan v. Maryland (1961), thatMaryland's blue laws violated neither theFree Exercise Clause nor theEstablishment Clause of theFirst Amendment to the United States Constitution.[50] It approved the state's blue law restricting commercial activities on Sunday, noting that while such laws originated to encourageattendance at Christian churches, the contemporary Maryland laws were intended to serve "to provide a uniform day of rest for all citizens" on a secular basis and to promote the secular values of "health, safety, recreation, and general well-being" through a common day of rest. That this day coincides withChristian Sabbath is not a bar to the state's secular goals; it neither reduces its effectiveness for secular purposes nor prevents adherents of other religions from observing their own holy days.[51]
McGowan was but one of four Sunday closing cases decided together by the Court in May 1961. InGallagher v. Crown Kosher Super Market of Mass., Inc.,[52] the Court ruled against a Kosher deli that closed on Saturday but was open on Sunday. The other two cases wereBraunfeld v. Brown,[53] andTwo Guys from Harrison-Allentown, Inc. v. McGinley.[54][55] Chief JusticeEarl Warren declared that "the State seeks to set one day apart from all others as a day of rest, repose, recreation and tranquility--a day which all members of the family and community have the opportunity to spend and enjoy together, a day on which there exists relative quiet and disassociation from the everyday intensity of commercial activities, a day on which people may visit friends and relatives who are not available during working days".[24]
In March 2006, Texas judges upheld the state blue law that requires car dealerships to close either Saturday or Sunday each weekend.[56]
Blue laws also exist in the Polynesian islands ofCook Islands andNiue. In the Cook Islands, these were the first written legislation, enacted by theLondon Missionary Society in 1827, with the consent of theariki (chiefs). Laws in Niue ban certain activities on Sunday, reflectingthe country's history of observing the Christian Sabbath tradition.
In theKingdom of Tonga, theVavaʻu Code (1839) was a form of blue law inspired by the teachings ofMethodistmissionaries. With the inauguration of theTongan Constitution on June 4, 1875, the sixth clause stipulates: "The Sabbath Day shall be kept holy in Tonga and no person shall practise his trade or profession or conduct any commercial undertaking on the Sabbath Day except according to law; and any agreement made or witnessed on that day shall be null and void and of no legal effect."
However, an amendment was made that left is enforcement to the discretion of the provinces, so that it remained a dead letter in mostly French Quebec. A Catholic Sunday League was formed in 1923 to combat this laxity and promote sabbatarian restrictions in that province--especially against movie theaters.
In 1922, inspired by a pastoral letter decrying the lax observance of Sunday as a day of rest, the Ligue du Dimanche (Sunday League) formed. For fourteen years the League agitated for Sabbatarian legislation, particularly against cinemas
