McGowan v. Maryland
366 U.S. 420 · Decided May 29, 1961 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
McGowan v. Maryland was decided on May 29, 1961 by a vote of 8–1. The Court affirmed the lower court's decision. Chief Justice Earl Warren wrote the opinion of the Court. SCDB classifies its main issue as “Establishment of religion” in the First Amendment area.
Read the opinion
Case details
- Citations
- 366 U.S. 420 · 81 S. Ct. 1101 · 6 L. Ed. 2d 393 · 1961 U.S. LEXIS 2008
- Docket number
- 8
- Decided
- May 29, 1961
- Argued
- December 8, 1960
- Court era
- Warren Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 8–1
- Majority opinion
- Earl Warren
- Opinion assigned by
- Earl Warren
- How the case arrived
- Appeal
- Issue (SCDB)
- Establishment of religion
- Issue area
- First Amendment
- Legal provision
- Fourteenth Amendment (equal protection)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Majority | |
| Justice Felix Frankfurter | Special concurrence | Wrote an opinion |
| Justice William O. Douglas | Dissent | Wrote an opinion |
| Justice Tom C. Clark | Majority | |
| Chief Justice Earl Warren | Majority | Wrote an opinion |
| Justice John M. Harlan II | Special concurrence | |
| Justice William J. Brennan Jr. | Majority | |
| Justice Charles E. Whittaker | Majority | |
| Justice Potter Stewart | Majority |
Full case caption
McGowan et al. v. Maryland
SCDB identifiers: case 1960-102, docket 1960-102-01.
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Other cases on “Establishment of religion”
- Two Guys From Harrison-Allentown, Inc. v. McGinley
- Torcaso v. WatkinsLaw held unconstitutional
- Engel v. Vitale
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- School District of Abington Township v. SchemppLaw held unconstitutional
- Chamberlin v. Dade County Board of Public InstructionLaw held unconstitutional
Cases on the same legal provision: Fourteenth Amendment (equal protection)
- Gallagher v. Crown Kosher Super Market of Massachusetts, Inc.
- Braunfeld v. Brown
- Anderson v. Alabama.
- Smith v. Bennett
- Burton v. Wilmington Parking Authority
- Martin v. Walton
Same Term, same area (First Amendment)
- McPhaul v. United States
- Uphaus v. Wyman
- Shelton v. TuckerLaw held unconstitutional
- Travis v. United States
- Times Film Corp. v. City of Chicago
- Wilkinson v. United States
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error