Home
/
RELIGION & LIBERTY ONLINE
/
Argument Outline: Why Religious Freedoms Apply to For-Profit Corporations
Argument Outline: Why Religious Freedoms Apply to For-Profit Corporations
Jan 2, 2026 10:08 PM

[Note: “Argument Outline” is a new occasional series that provides summaries of religious, economic, and public policy arguments presented in the public square.]

The Religious Freedom Restoration Act (RFRA) states that government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except in certain conflicts with pelling governmental interest. That seems straightforward enough, but what does this law mean when it refers to a “person”? For instance, can a corporation like Hobby Lobby be a person under this Act?

Even some people who are sympathetic to Hobby Lobby’s fight to avoid being forced to violate their conscience may wonder if it makes sense to give such broad-based religious liberty protections to corporate entities. But in a recent article in the Harvard Law Review, Alan Meese and Nate Oman make the case that the most natural reading of the term ‘person’ in RFRA includes for-profit corporations, and why they should be afforded the same religious freedoms as individuals.

The following is a summary outline of the argument they present in this law review article:

There is no legal justification for excluding corporate persons from RFRA protections.

The Supreme Court has repeatedly held that for-profit corporations are constitutional “persons.”For-profit corporations embodying shareholders’ religions mon, passing without corporate law objections. Corporations whose owners “impose their personal religious beliefs” on the firm are mon.Nothing about limited liability or entity status justifies stripping corporations, whether for-profit or non-profit, of their religious personhood. Therefore, shareholders’ ability to pursue their religious values via the corporate form should not turn on whether they have forsaken limited liability.

Religious for-profit businesses do not violate corporate law or undermine corporate law policies.

RFRA gives courts various tools for addressing any unique challenges posed by public corporations. There is thus no apparent rationale for categorically depriving such firms of RFRA personhood.Federal law and the laws of some states already authorize some for-profit corporations to decline to perform or pay for certain medical procedures because of religious or moral objections.For-profit corporations have been asserting religious identities mercial and legal arenas for decades.There has been no flood of shareholder derivative suits challenging a firm’s adoption of a religious identity or failure to adopt such an identity. In fact, the scholars do not cite a single example of a corporate governance dispute connected to such decisions.

Religious freedoms apply not only individuals by to corporate bodies.

When individuals act religiously using corporations they are engaged in religious exercise. When we regulate corporations we in fact burden the individuals who use the corporate form to pursue their goals.Religious freedom is broader than an individualist concern with personal rights. Rather, it is about limiting the ability of the state to regulate a particular kind of conduct — religious exercise — even when corporate bodies engage in that conduct.People practice religion collectively. To protect religion only within the confines of personal conscience or individual action would do great violence to lived religion.Many for-profit corporations are infused with religious values and religious missions. Some for-profit corporations are solely owned by churches. The owners of these corporations can feel called on to infuse their business activities with religious values.

(Via: Mark Movsesian)

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
‘Breeders:’ A Cautionary Tale
The Center for Bioethics and Culture (CBC) is an mitted to “bioethical issues” such as surrogacy, stem cell research and human cloning, amongst other issues. They have recently produced a documentary entitled “Breeders: a subclass of women?” It is a cautionary tale, and a very sad one. The film focuses on women who chose to be surrogates (one chose surrogacy several times), and the turmoil that arose. The issue of es down to the buying and selling of children, one...
Affordable Care Act Hits Small Business Hard
Watch as employees at a small Pennsylvania business learn about their new benefits under the Affordable Care Act. ...
Post-Super Bowl Thoughts on Theology and America
How ’bout them Seahawks? As a Chicago Bears fan the answer to that question means very little to me, but I did enjoy the annual ritual of binge-eating and loudly talking over friends and loved ones who gathered together around the TV for Super Bowl 48. One thing that stood out was the tradition of having various NFL players and civil servants recite the Declaration of Independence before the game. Some of the powerful (and unmistakably religious) lines from our...
Video & Audio: Why Libertarians Need God
The 2014Acton Lecture Seriesgot underway last week with an address from Jay Richards on the topic of “Why Libertarians Need God.” In his address, Richards argued that core libertarian principles of individual rights, freedom and responsibility, reason, moral truth, and limited government make little sense in an atheistic and materialist context, but make far more sense when grounded in a theistic belief system. The video of the full lecture is available below; I’ve embedded the audio after the jump. ...
Audio: Joe Carter on Income Inequality
Acton Institute Senior Editor Joe Carter joined host Darryl Wood’s Run to Win showon WLQVin Detroit this afternoon to discuss the issue of e inequality from a Christian perspective. The interview keyed off of Carter’s article, What Every Christian Should Know About e Inequality. You can listen to the entire interview using the audio player below. ...
Transformation Starts with Culture
“We need transformation, relief, and opportunity…in that order,” says AEI’s Arthur Brooks in a new video on conservatism and poverty alleviation. “Transformation starts with culture. Transformation is faith, munity, and work…That’s the beginning of getting people into the process of rising.” For more along these lines, see Brooks’ new article in Commentary magazine, “Be Open-Handed Toward Your Brothers”: To be sure, many of our poor neighbors lead happy, upright lives full of faith, munity, and fulfilling work. But to deny...
‘Little Victims Of The State:’ Steam-Rolling Religious Liberty In America
Mona Charen, writing for National Review Online, notes that the image-conscious Obama Administration has not been very careful about choosing it foes in the HHS mandate fight. Wanna pick a fight? How about some Catholic sisters? The Little Sisters of the Poor is a Catholic charity providing care to the poorest elderly in a hospice-like setting. They serve 13,000 people in 31 countries, and operate 30 homes in the United States. Their faith calls them to treat every person, no...
ICCR Working Inside Progressive Bubble
“A little older, a little more confused,” the late Dennis Hopper once intoned. One month into 2014, the same could be said for this writer. After all, what could be more confusing than members of the munity employed as willing conspirators in the great organized labor gambit to stifle corporate political speech? Year after year, however, that’s increasingly the case. For example, the Interfaith Council on Corporate Responsibility’s recently redesigned website heralds its distaste for corporate participation in the political...
Explainer: The Hobby Lobby Amicus Briefs
Last week, over 80 amicus briefs were filed with the Supreme Court on both sides of Hobby Lobby’s challenge to the HHS contraceptive-abortifacient mandate. Here’s what you need to know about amicus briefs and their role in this case. What is an amicus brief? An amicus brief is a learned treatise submitted by an amicus curiae (Latin for “friend of the court”), someone who is not a party to a case who offers information that bears on the case but...
Acton on Tap: The Growing Threat to Religious Liberty
David Urban, an English professor at Calvin College, recently interviewed the managing editor of Religion & Liberty, Ray Nothstine about the ing Acton On Tap Event: The Growing Threat to Religious Liberty. Urban, writing for Grand Rapids, Mich.-based The Rapidian, began his article by quoting the First Amendment and asking, “But is religious liberty in the U.S. being eroded?” There are several issues regarding religious liberty in the United States today, to name a few: the health and human services...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved