margin-right:0in">I dissent from applying criminal sanctions against any of the complainants since to do so implicates the state in religious matters contrary to the constitutional mandate.

 

Justice Stewart joined Justice Douglas in dissent. He remarked,

 

Massachusetts has passed a law which compels an Orthodox Jew to choose be- tween 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 Sunday togetherness. I think the impact of this law on these “religious men” grossly violates their constitutional right to free exercise of their religion.

 

A majority of the court forgot a...

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