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Blue law

Legal restrictions designated for Sunday activity

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Blue laws commonly ban certain business and recreational activities on Sundays, and impose restrictions on the retail sale of hard goods and consumables, particularly alcoholic beverages. The laws also place limitations on a range of other endeavors—including travel, fashions, hunting, professional sports, stage performances, movie showings, and gambling. While less prevalent today, blue laws continue to be enforced in parts of the United States and Canada as well as in European countries, such as Austria, Germany, Norway, and Poland, where most stores are required to close on Sundays.

In the United States, the Supreme Court has upheld blue laws as constitutional despite their religious origins if supported by secular justifications. This has resulted in the provision of a day of rest for the general population. 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.

History

The Roman Emperor Constantine 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 the Jamestown Colony in 1619 by the first General 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. Similar laws aimed at keeping the Sabbath holy and regulating morals were soon adopted throughout the colonies.

The first known example of the phrase "blue laws" in print was in the March 3, 1755, edition of the New-York Mercury, in which the writer imagines a future newspaper praising the revival of "our [Connecticut's] old Blue Laws". In his 1781 book General History of Connecticut, the Reverend Samuel 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. Beyond that, Peters' book is regarded as an unreliable account of the laws and probably was written to satirize their puritanical nature.

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 a Time 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. Other explanations have been offered. One of the most widely circulated is that early blue laws adopted in Connecticut were printed on blue paper. However, no copies have been found that would support this claim and it is not deemed credible. 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.

As Protestant moral reformers organized the Sabbath 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 advocating first-day Sabbatarianism, such as the Lord's Day Alliance in North America and the Lord's Day Observance Society in the British Isles, were supported by labor unions in lobbying "to prevent secular and commercial interests from hampering freedom of worship and from exploiting workers".

In Canada, the Ligue du Dimanche, a Roman Catholic Sunday league, supported the Lord's Day Act in 1923 and promoted first-day Sabbatarian legislation. 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. On the other hand, the more recent Dies Domini, written by Pope 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 the Compendium of the Social Doctrine of the Church, "ensure that, for reasons of economic productivity, citizens are not denied time for rest and divine worship". Similarly, Chief Justice Earl 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".

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