The Supreme Court of the United States has held that Sunday closing laws do not violate the first amendment, whether or not they contain exemptions for Sabbatarians (those who keep Saturday holy). However, in two cases—Terry Carpenter, Inc. v. Wood and Skag-Way Dep't Stores, Inc. v. City of Omaha—the Supreme Court of Nebraska came to the conclusion that Sunday closing legislation is a tool for religious as well as commercial discrimination, and therefore, on the balance, is not so important to the welfare of the state as the statutes upheld by the United States Supreme Court. The purpose of this comment is to attempt to explain how Nebraska reached this position in light of the interpretations of Sunday closing laws in McGowan, Braunfeld, and Sherbert.

I. Introduction

II. McGowan and Braunfeld

III. Sherbert v. Verner

IV. Sunday Closing Laws in Nebraska

V. Conclusion