Home
/
RELIGION & LIBERTY ONLINE
/
Do Corporations Have Religious Liberty Rights?
Do Corporations Have Religious Liberty Rights?
Apr 21, 2025 1:54 AM

Three years ago the U.S. Supreme Court ruled that corporations have the same rights as individuals to engage in political speech. As Justice Anthony Kennedy wrote in the Citizens United decision, the “corporate identity” of a speaker did not justify a reduced level of free speech protection. Can that same concept about corporate identity be applied to religious liberties? Do corporations have religious liberty rights too?

Some legal scholars are claiming they do not:

The raft of ACA cases raises the specter of doctrinal inconsistency within First Amendment jurisprudence between freedom of expression and freedom of religion,” says First Amendment expert Clay Calvert of the University of Florida. “If Citizens United means that secular, for-profit corporations possess the right to freely express political viewpoints by spending money, then at first glance it seems to follow that such corporations also possess the right to freely exercise religious beliefs by refraining from spending money.”

Yet, Calvert adds, “there is nothing historically that would require merging or blending the free speech and free exercise clauses on the question of whether corporations are treated like human beings. Just because two clauses fall within the same amendment does not mean principles that apply to one must apply to the other,” Calvert says. “Voluntarily spending money on political advertising is fundamentally different than pelled to spend money to pay for insurance that could be used to purchase contraception.”

[. . .]

“Secular, for-profit corporations cannot exercise religion,” says Leslie C. Griffin, who teaches constitutional law at the University of Nevada, Las Vegas. “Running a business is not the exercise of religion. Providing insurance coverage is not the exercise of religion. It is a mistake to think of every moral belief as the exercise of religion.”

Using the RFRA “to advantage ‘religious,’ secular, panies violates the establishment clause by giving religious businesses a leg up petition,” Griffin says. “It is not protecting religious liberty in any way.”

Marci Hamilton, a professor at the Benjamin N. Cardozo School of Law, agrees. “Whatever their beliefs, the federal law did not impose a substantial burden,” says Hamilton, who has argued an RFRA case before the Supreme Court. “If anything, it is an indirect burden several times removed. These businesses are not going to prevail and they shouldn’t.”

Read more . . .

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Special Discounts for CLP Followers
We are pleased to give a 30% discount off of Christian’s Library Press books at the Acton Book Shop for a limited time for those who follow us on Twitter or like us on Facebook. If you already follow us, please send us a direct message on Twitter and we will send you the discount code (those who “like” us on Facebook can see the code automatically!). This discount will allow you to purchase such books as Wisdom & Wonder:...
Secularism and Tyranny
In part 1 of “Secular Theocracy:The Foundations and Folly of Modern Tyranny,”David Theroux of the Independent Institute outlines a history of secularism, tracing plex relationship between religion and the spheres of society, particularly church and government. “Modern America has e a secular theocracy with a civic religion of national politics (nationalism) occupying the public realm in which government has replaced God,” he argues. One of the key features necessary to unraveling the knotty problems surrounding the idea of secularism is...
The Civil War in Religion & Liberty
2011 kicked off the 150th anniversary of the American Civil War. At the beginning of 2011, I began seeing articles and news clippings memorate the anniversary. While not a professional historian, I took classes on the conflict at Ole Miss and visited memorials and battlefields on my own time. I must give recognition to Dr. James Cooke, emeritus professor of history at the University of Mississippi, for his brilliant and passionate lectures that awakened a greater interest in the subject...
The Church as Social Laboratory
I opened my recent Patheos piece on Christians and the “Occupy” protests by noting the proclivity for some leaders to seek cultural relevance by uncritically embracing political movements and trends. This shows that it is mon temptation to allow worldly perspectives and ideologies to determine the shape of our faith rather than the other way around. A good example of this uncritical stance toward the Occupy movement appears in a Marketplace report from last week, “Preaching the Occupy gospel —...
Preview of JMM 14.2: Modern Christian Social Thought
The fall 2011 issue of the Journal of Markets & Morality has now been finalized and will be heading to print. It is a bit overdue, but this issue is one of our largest ever, and it includes a number of noteworthy features on the special theme issue topic “Modern Christian Social Thought.” As I outline in the editorial for this issue (PDF), 2011 marked a number of significant anniversaries, including the 120th anniversaries of Rerum Novarum and the First...
Leery of Federal Disaster Relief Help?
In the Spring 2011 issue of Religion & Liberty, I wrote about the Christian response to disaster relief, focusing on Hurricane Katrina and the April 2011 tornadoes that munities in the deep South and Joplin, Mo. in May. Included in the story is a contrast of church relief with the federal government response. From the R&L piece: In Shoal Creek, Ala., a frustrated Carl Brownfield called the federal response “all red tape.” The Birmingham News ran a story on May...
America’s Real Inequality Problem
David Deavel’s review of Mitch Pearlstein’s From Family Collapse to America’s Decline: The Educational, Economic, and Social Costs of Family Fragmentation has been picked up by First Things and Mere Comments. Deavel’s review was published in the Fall 2011 issue of Religion & Liberty. In his review, Deavel declared: His [Pearlstein] new book, From Family Fragmentation to America’s Decline, laments this inability of many to climb their way up from the bottom rungs of society. But rather than fixating on...
Libertarianism + Christianity = ?
Reflecting on the GOP presidential campaigns and the Iowa caucus, Joseph Knippenberg has voiced serious concern on the First Things blog regarding patibility of Ron Paul’s libertarianism with traditional Christian social and political thought. As this race continues, this may be a question of fundamental importance, and I expect to see more Christians engaging this issue in the days and months e. Indeed, as Journal of Markets & Morality (JMM) executive editor Jordan Ballor has noted in his editorial for...
The Legend of Zelda video games from a Christian perspective
Author and editor Jonny Walls has announced his latest work published by Gray Matter Books entitled The Legend of Zelda and Theology. Zelda is a series of video games celebrating its 25th anniversary this year, originating in 1986 with The Legend of the Zelda for the Nintendo Entertainment System. It revolutionized video games with its adventure elements and exploration. Each new installment of the series has advanced plexity and story line. The Zelda world maintains its own unique mythology consisting...
Food Trucks and First Steps
Customers standing beside the food truck operated by Fojol Brothers of Merlindia, a theatrical, mobile Indian restaurant, serving food at various locations throughout Washington, D.CIn this week’s Acton Commentary, “Food Fights and Free Enterprise,” I take a look at the increasing popularity of food trucks in urban settings within the context of Milton Friedman’s observation that “it’s always been true that business is not a friend of a free market.” As you might imagine, the food truck phenomenon has found...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved