Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.2 9/18/84; site denelvx.UUCP Path: utzoo!linus!philabs!cmcl2!seismo!hao!denelcor!denelvx!neal From: neal@denelvx.UUCP (Neal Weidenhofer) Newsgroups: net.legal,net.religion,net.politics Subject: Re: Violation of separation church and state???? Message-ID: <28@denelvx.UUCP> Date: Tue, 14-May-85 20:08:18 EDT Article-I.D.: denelvx.28 Posted: Tue May 14 20:08:18 1985 Date-Received: Thu, 16-May-85 21:39:51 EDT References: <1192@opus.UUCP> Distribution: net Organization: Denelcor, Aurora, Colorados Lines: 34 Xref: linus net.legal:1334 net.religion:6494 net.politics:8370 ****************************************************************************** > > Here is the example. Here in Colorado, it is against the law to sell liquor > (and automobiles) retail on Sunday. Bars and restaurants can sell prepaired > drinks and whatnot, but you can't buy bottles of the stuff in liquor stores. > > I presume that this law is motivated by the Christian sabbath, as I can > see no other reason behind it (if this isn't the reason behind it, please > let me know what is). > > Assuming this, Is this not a clear violation of the separation of church > and state? Is S of C & S a basis for constitutionality, is it just custom, > or does it only apply to laws which seek to restrict religious practices? > > Brian Atkins ...{attunix, hao, allegra, ucbvax}!nbires!atkins Yes, Separation of Church and State is mandated by the first Amendment to the Constitution. Laws of this sort have been challenged in the past (it seems to me that the last time was sometime in the 1930's--I don't remember which state). They were held to be constitutional under the states' powers to regulate commerce. They also argued (successfully) that the choice of Sunday was not religiously motivated but the choice the would cause the least disruption considering the number of people who don't work on that day anyway. Considering the shifts in the courts' positions over the last 50 years on many topics and especially on the place of the churches in secular society, it would be interesting to see it challenged again. Regards, Neal Weidenhofer "The law is for protection Denelcor, Inc. of the people" !denelcor!neal