Home
/
RELIGION & LIBERTY ONLINE
/
Argument Outline: Why Religious Freedoms Apply to For-Profit Corporations
Argument Outline: Why Religious Freedoms Apply to For-Profit Corporations
Feb 1, 2026 7:43 AM

[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
Acton Line: Is entrepreneurship declining? All jobs are on the A team
On this episode of Acton Line, Caroline Roberts is joined by the founder and president of the Center for American Entrepreneurship, John Dearie, to discuss the state of entrepreneurship in America. Dearie explains why start up innovation and small businesses sustain the economy and alerts us to the danger of declining entrepreneurship in America. Afterwards, occasional host and award winning news anchor, Anne Marie Schieber, speaks with several people about their work ethic, proving that sometimes satisfaction in the workplace...
Natural rights versus American individualism
Today, mon to hear many people declaring their desires or conveniences to be rights. Bernie Sanders’ Medicare for All plan, or even having one’s college tuition bills footed,for example, are routinely touted as “basic human rights.” As the stipulations of what exactly defines a right seem to grow increasingly pliable in public discourse, some are left wondering; is the present confusion over the definition of a right the product of philosophies that came out of the founding era? Philosophies of...
Scripture is not an encyclopedia of social science
Note:This article is part of the ‘Principles Project,’ a list of principles, axioms, and beliefs that undergirda Christian view of economics, liberty, and virtue. Clickhereto read the introduction and other posts in this series. The Principle:#2C —Scripture is not an encyclopedia of social science. The Explanation: There’s an old preacher’s tale of a young man who turned to the Bible for guidance on making decisions. Using the text as a divining rod he would flick through Scripture and let his...
Work as a religion: The problem with ‘workism’ and its critics
If you’re a young person in America, you’ve undoubtedly been bombarded by calls to“follow your passion,” “pursue your dreams,” or “do what you love and love what you do.” Such slogans have led many toward a renewed appreciation of the meaning that can be found in mundane economic activity—and in many ways, rightly so. But in and by themselves, do these sugary mantras truly represent the path to vocational clarity, economic abundance, personal fulfillment, and human flourishing? In an increasingly...
Potential results of a no-deal Brexit
The United Kingdom of Great Britain and Northern Ireland is currently scheduled to exit the European Union on 29 March 2019 at11 pm GMT, however, no formal deal has yet been struck between the EU and Britain, leaving issues such as trade, immigration policy and border control unresolved. Delays in drawing up a withdrawal treaty are due to a host of problems. “As in the lead-up to the referendum, gloom-and-doom is being voiced from across the political spectrum at Westminster,”...
Warren’s child care plan needs competition
Democratic presidential candidate Sen. Elizabeth Warren (D-MA) unveiled a plan last week for universal child care. Despite her good intentions, her plan would petition, raise prices, and reduce options for parents in need. Warren begins by sharing her own experience as a working mother unable to find child care. Exasperated, she called her “Aunt Bee” and “between tears” told her, “I couldn’t make it work and had to quit my job.” Fortunately for Warren, her aunt came to the rescue...
Charlie Menditéguy: Golf and virtue
Now that I am full-time at the Acton Institute (I had been associated since the beginning, but on the governing board) I am trying to read most of its output. Not an easy task giving the numerous books, articles, academic papers and blog posts it publishes each year. Acton has an outstanding Journal of Markets and Morality, which has already reached 21 volumes. I browsed the contents of the most recent edition and saw that it devoted 40 of its...
Means of common grace
In this week’s Acton Commentary, we take a short excerpt from the latest volume in the Abraham Kuyper Collected Works in Public Theology, the second volume of the trilogy mon grace. In this section, excerpted from chapter 68, “Finding the Means,” Kuyper is exploring the question of how the fruit mon es to expression in the world. In the standard Reformed understanding, baptism munion are confessed to be the “means” of special grace. But what are the “means” mon grace?...
Fmr. Swedish prime minister warns Bernie Sanders about socialism
After video footage surfaced of Senator Bernie Sanders extolling the Soviet Union’s cultural and youth programs, the former prime minister of Sweden threw cold water on the idea that socialism builds sound societies. The tweet by Carl Bildt is the latest intervention by Nordic nations to divert the United States from adopting Marxist policies. As the 77-year-old Vermont senator announced his presidential ambitions, a string of videos emerged showing Sanders supporting Castro’s Cuba, Ortega’s Nicaragua, and the existence of breadlines....
Europe’s last Caesar
Ninety years ago Benito Mussolini, the founder of Italian fascism, stood at the pinnacle of power and prestige. In February 1929, he struck an unprecedented agreement with the Catholic Church on its role in the Italian society, the Lateran Treaty. Yet Mussolini, always remembered as bloodthirsty dictator associated with Hitler, diplomatically settled a dispute of more than 50 years between the Kingdom of Italy and Holy See that dated to the 19th century era of Italian unification. To the horror...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved