Sunday - Laws & Ecumnicism

[Clio]

Here is a quote... and link... to FindLaw Constitutional Law Center.

Sunday Closing Laws.--The history of Sunday Closing Laws goes back into United States colonial history and far back into English history.144 Commonly, the laws require the observance of the Christian Sabbath as a day of rest, although in recent years they have tended to become honeycombed with exceptions. The Supreme Court rejected an Establishment Clause challenge to Sunday Closing Laws in McGowan v. Maryland.145 The Court acknowledged that historically the laws had a religious motivation and were designed to effectuate concepts of Christian theology. However, ''n light of the evolution of our Sunday Closing Laws through the centuries, and of their more or less recent emphasis upon secular considerations, it is not difficult to discern that as presently written and administered, most of them, at least, are of a secular rather than of a religious character, and that presently they bear no relationship to establishment of religion. . . .''146 ''[T]he fact that this [prescribed day of rest] is Sunday, a day of particular significance for the dominant Christian sects, does not bar the State from achieving its secular goals. To say that the States cannot prescribe Sunday as a day of rest for these purposes solely because centuries ago such laws had their genesis in religion would give a constitutional interpretation of hostility to the public welfare rather than one of mere separation of church and State.''147 The choice of Sunday as the day of rest, while originally religious, now reflected simple legislative inertia or recognition that Sunday was a traditional day for the choice.148 Valid secular reasons existed for not simply requiring one day of rest and leaving to each individual to choose the day, reasons of ease of enforcement and of assuring a common day in the community for rest and leisure.

Link: http://supreme.lp.findlaw.com/constitution/amendment01/04.html

[Clio]

In 1961, Sunday laws were upheld, even though they present a burden to those NOT choosing to worship on Sunday.

In Braunfeld v. Brown, 366 U.S. 599 (1961) (plurality opinion), we upheld Sunday-closing laws against the claim that they burdened the religious practices of persons whose religions compelled them to refrain from work on other days.

This also comes from another page in Findlaw.

Link: http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/494/872.html

[Clio]

February 1, 1977 the following statement was signed by six denominational executives in the Massachusetts Council of Churches.

The repeal of the Sunday Closing or Blue Laws portends a negative impact on the quality of life in Massachusetts. We, therefore, urge the preservation of these ancient but valuable restrictions to protect a common day of rest.

[Clio]

This from Virginia in 2004, which was later changed in 2005...

Virginia Lawmakers Inadvertently Reinstate Day of Rest Requirement

July 1, 2004

In an effort to repeal the state's antiquated and unconstitutional “blue laws,” the Virginia legislature inadvertently repealed the amendments to those laws, which exempted many businesses from the laws' requirements, without repealing the actual laws. As a result, as of today, July 1, 2004, Virginia blue laws, including a statutory requirement that employees be given a 24-hour rest period each week, are once again in effect.

The laws require, among other things, that employers give employees at least 24 hours of rest each week in addition to the regular periods of rest normally allowed or legally required in each working day. The laws permit nonmanagement employees to use either Saturday or Sunday as their day of rest. To use Sunday as their day of rest, employees need only file a written notice with the employer. To use Saturday, employees must file a written notice, conscientiously believe that Saturday ought to be observed as the Sabbath, and actually refrain “from all secular business and labor on that day” Va. Code Ann. § 40.1-28.3.

Ford & Harrison attorneys have contacted several officials in Virginia regarding the impact of this legislation, including the Governor's office, the Attorney General, and the Virginia Department of Labor. Officially, this problem cannot be resolved until the Virginia Legislature reconvenes in January 2005 and again amends the current statute. However, everyone is aware of the negative consequences that could result before the law can be amended and is hoping for guidance from the Governor's office that will minimize the impact this legislation could have on Virginia's businesses.

Bottom Line for Employers

Our past experience has been that employees with genuine religious beliefs will use the available accommodations so they are able to work a full schedule while still reserving time off to practice their religious beliefs. However, should you receive written notice from an employee based in Virginia designating Sunday (or Saturday) as his or her legally entitled day of rest, we recommend that you honor this request until the legislation is changed in January 2005 or until we receive guidance from the Governor's office that suggests an alternative solution. Employees requesting this day of rest, however, should be made aware that their day of rest will be unpaid and that it will be granted only until the error in the law is corrected or otherwise clarified. If you have any questions about this law or any labor or employment related question, please contact John Stembridge, Tom Kassin or the Ford & Harrison attorney with whom you usually work.

Now... In July 2004, the VA legislature "fixed" the law... and here is the response to it.

Elpasotimes.com NEWS, Aug. 1,2004

"The error gave Virginians the right to take Sundays off, but the window of opportunity closed quickly as legislators revoked the 'right' in a nod to the might of American consumerism."

The "Indiana Times", July 18, states"

"Sunday Melts into Just Part of the Week"

The "Seattle Times", July 18, asks:

"In this 24/7 world, is Sunday still special?"

The "Washington Times", July 13, writes:

"Stressed-out society could use restful Sundays"

CBS47 Jacksonville, Aug. 9, notes:

"Maybe those old "blue laws" ...the laws that used to keep stores and other businesses closed on Sundays...maybe they weren't so crazy after all."

The Daily Tribune News, Aug. 11, 2004

A letter to the editor asks about

"family values" and "just how can 'traditional family values' be passed onto the next generation if today's parents literally have a month less contact with their kids during the year than their parents did 25 years ago?"

The August 2, 2004 "TIME" Magazine, had an article by Nancy Gibbs,

"If your soul has no Sunday, it becomes an orphan, Albert Schweitzer said-- which raises a question for these times: What is lost if Sunday becomes just like any other day? ...With progress, of course comes backlash from those who desperately want to preserve the old ways...."time to worship, spend time with family and friends or just plain rest from the work week...Made sense then still makes sense now". Pope John Paul II even wrote an apostolic letter in defense of Sunday;"When Sunday loses its fundamental meaning and becomes merely part of the 'weekend' he wrote, "people stay locked within a horizon so limited that they can no longer see 'the heavens'".

[Clio]

"Formation of an Ecumenical Consciousness"

"In 1982, after 50 years of effort, the Faith and Order Commission of the World Council of Churches proposed to the churches a common statement on Baptism, Eucharist, and Ministry. "

Link: http://www.plts.edu/articles/anderson/ecumenicalconsciousness.html

"In 1999, Lutherans and Roman Catholics signed a Joint Declaration on the Doctrine of Justification, coming to essential agreement on the fundamental issue that divided them nearly 500 years ago." Link: IBID.

There's more... but I'm out of time for now.

Clio