Home
/
RELIGION & LIBERTY ONLINE
/
Argument Outline: Why Religious Freedoms Apply to For-Profit Corporations
Argument Outline: Why Religious Freedoms Apply to For-Profit Corporations
Jul 5, 2025 9:07 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
Verse of the Day
  Commentary on Today's Verse   Commentary on 2 Timothy 3:1-9   (Read 2 Timothy 3:1-9)   Even in gospel times there would be perilous times; on account of persecution from without, still more on account of corruptions within. Men love to gratify their own lusts, more than to please God and do their duty. When every man is eager for what he can...
Verse of the Day
  Malachi 2:2 In-Context   1 And now, you priests, this warning is for you.   2 If you do not listen, and if you do not resolve to honor my name, says the Lord Almighty, I will send a curse on you, and I will curse your blessings. Yes, I have already cursed them, because you have not resolved to honor me....
Verse of the Day
  Commentary on Today's Verse   Commentary on Romans 5:1-5   (Read Romans 5:1-5)   A blessed change takes place in the sinner's state, when he becomes a true believer, whatever he has been. Being justified by faith he has peace with God. The holy, righteous God, cannot be at peace with a sinner, while under the guilt of sin. Justification takes away the...
Verse of the Day
  Commentary on Today's Verse   Commentary on Psalm 51:1-6   (Read Psalm 51:1-6)   David, being convinced of his sin, poured out his soul to God in prayer for mercy and grace. Whither should backsliding children return, but to the Lord their God, who alone can heal them? he drew up, by Divine teaching, an account of the workings of his heart toward...
Verse of the Day
  Commentary on Today's Verse   Commentary on Mark 6:1-6   (Read Mark 6:1-6)   Our Lord's countrymen tried to prejudice the minds of people against him. Is not this the carpenter? Our Lord Jesus probably had worked in that business with his father. He thus put honour upon mechanics, and encouraged all persons who eat by the labour of their hands. It becomes...
Verse of the Day
  1 Timothy 6:17-19 In-Context   15 which God will bring about in his own time-God, the blessed and only Ruler, the King of kings and Lord of lords,   16 who alone is immortal and who lives in unapproachable light, whom no one has seen or can see. To him be honor and might forever. Amen.   17 Command those who are rich...
Verse of the Day
  Commentary on Today's Verse   Commentary on Psalm 145:1-9   (Read Psalm 145:1-9)   Those who, under troubles and temptations, abound in fervent prayer, shall in due season abound in grateful praise, which is the true language of holy joy. Especially we should speak of God's wondrous work of redemption, while we declare his greatness. For no deliverance of the Israelites, nor the...
Verse of the Day
  Commentary on Today's Verse   Commentary on 1 Timothy 1:12-17   (Read 1 Timothy 1:12-17)   The apostle knew that he would justly have perished, if the Lord had been extreme to mark what was amiss; and also if his grace and mercy had not been abundant to him when dead in sin, working faith and love to Christ in his heart. This...
Verse of the Day
  Commentary on Today's Verse   Commentary on 1 Peter 4:7-11   (Read 1 Peter 4:7-11)   The destruction of the Jewish church and nation, foretold by our Saviour, was very near. And the speedy approach of death and judgment concerns all, to which these words naturally lead our minds. Our approaching end, is a powerful argument to make us sober in all worldly...
Verse of the Day
  Commentary on Today's Verse   Commentary on Psalm 91:1-8   (Read Psalm 91:1-8)   He that by faith chooses God for his protector, shall find all in him that he needs or can desire. And those who have found the comfort of making the Lord their refuge, cannot but desire that others may do so. The spiritual life is protected by Divine grace...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved