Opinion

State v. Fass

  • 36 N.J. 102
  • 175 A.2d 193
  • 1961 N.J. LEXIS 250
Court
Supreme Court of New Jersey
Filed
Nov 6, 1961
Status
Published
Author
Schettino
On the bench
Erancis, Weietkaub, Jacobs, Schettino
Cited by
6 cases
Authority
More cited than 13.0%

Sunday closing law does not violate equal protection clause

How later courts described this case

  • Sunday closing law does not violate equal protection clause

Written by the judges who cited it.

The opinion

Schettino, J.

(dissenting). As I have previously indicated by my concurrence in Mr. Justice Francis’ dissent in Two Guys from Harrison v. Furman, 32 N. J. 199 (1960), my opinion is that section 1 of Chapter 119, L. 1959, N. J. S. 2A:171-5.8 is violative of the equal protection clause of the Federal Constitution. The recent decisions of the United States Supreme Court in McGowan v. State of Maryland, 366 U. S. 420 , 81 S. Ct. 1153 , 1218, 6 L. Ed. 2d 393 (1961); Two Guys from Harrison-Allentown, Inc. v. McGinley, 366 U. S. 582 , 81 S. Ct. 1185 , 6 L. Ed. 2d 551 (1961); Braunfeld v. Brown, 366 U. S. 599 , 81 S. Ct. 1144 , 6 L. Ed. 2d 563 (1961); and Gallagher v. Crown Kosher Super Market, 366 U. S. 617 , 81 S. Ct. 1122 , 6 L. Ed. 2d 536 (1961), do not appear to me to dispose of this question in view of the absence of a general Uew Jersey statute designed to set aside Sunday as a day of rest and relaxation. See Mr. Justice Francis’ discussion on that point, 32 N. J., at pp. 253-255. If this position is sound, the statutory basis for the instant conviction is void and we do not reach the question of its effect upon defendant’s right to the free exercise of his religion.

*128 Assuming, however, that the statute is constitutional, Eass falls within the exception enacted for the benefit of Sabbatarians, N. J. 8. 2A:171-4. On this issue, I concur in the opinion of Chief Justice Weintbaub as to his interpretation of “openly expose to sale.”

For affirmance—Justices Erancis, Pboctor, Hall and Haneman—4.

For reversal—Chief Justice Weintbaub, and Justices Jacobs and Schettino—3.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.