In the promotion of the general public welfare, the lawmaking power may properly take into account the fact that the great majority of the people recognize as desirable the setting apart of the first day of the week as a day on which ordinary business shall be suspended in order that they may have opportunity for undisturbed religious assemblies and exercises if they see fit; and it is regarded as proper and constitutional to prohibit the transaction of business or the performance of labor on such day, save as may be necessary to the public welfare or promotive of charity or religion. Such statutory provisions are supported, not as intended directly to compel or promote religious observances, but rather as securing the general tranquillity and welfare of the people. Perhaps a Sunday law could be sustained on the theory that it is conducive to the general health and prosperity of the people that they have an opportunity to devote one day in seven to rest from their regular callings. Without inquiring very particularly into the grounds on which Sunday laws have been sustained it is sufficient to say that they have been generally held to be constitutional, even as to persons whose conscientious belief requires them to set apart some other day of the week for religious purposes; but it is not unusual to exempt from the provisions of the law those who conscientiously observe some other day.

Laws for the punishment of profane swearing and blasphemy are also sustained, as calculated to prevent conduct shocking and obnoxious to the general sentiments of the people and productive of disturbance and disorder. Punishment for such offences is not imposed on account of the moral wrong done, but on account of the injury to others which results.

Disturbance of religious worship is generally punishable, but this is rather for the preservation of the public peace and protection of the people in the exercise of religious liberty than as a recognition of religion in any form. In this instance, as in others, the government in making and enforcing the laws has regard to the general peace and welfare rather than to the protection of religion.