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Constitutional Law Keyed to Stone
Braunfeld v. Brown
Citation:
366 U.S. 599 (1961)Facts
The appellants were Orthodox Jewish merchants in Philadelphia who sold clothing and home furnishings. Their religious beliefs required them to close their businesses from Friday evening until Saturday evening in observance of the Jewish Sabbath. In 1959, Pennsylvania enacted a statute prohibiting the Sunday retail sale of certain enumerated commodities, including the types of merchandise sold by appellants. The appellants had previously kept their businesses open on Sunday to compensate for being closed on Saturday. They alleged that the Sunday closing law would substantially impair their ability to earn a livelihood and would force appellant Braunfeld to close his business entirely, losing his capital investment. They contended that the law effectively forced them to choose between adhering to their religious beliefs and maintaining economic viability, thereby violating their right to free exercise of religion.
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