Braunfeld v. Brown/Dissent Stewart

919909Braunfeld v. Brown — DissentPotter Stewart
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United States Supreme Court

366 U.S. 599

Braunfeld  v.  Brown

 Argued: Dec. 8, 1960. --- Decided: May 29, 1961


Mr. Justice STEWART, dissenting.

I agree with substantially all that Mr. Justice BRENNAN has written. Pennsylvania has passed a law which compels an Orthodox Jew to choose between his religious faith and his economic survival. That is a cruel choice. It is a choice which I think no State can constitutionally demand. For me this is not something that can be swept under the rug and forgotten in the interest of enforced Sunday togetherness. I think the impact of this law upon these appellants grossly violates their constitutional right to the free exercise of their religion.

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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