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 14, 2026 2:34 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
Lawmakers Push for Conscience Rights to be Included in Budget Bill
Fourteen members of Congress—including 13 women—sent a letter to the House leadership today asking that conscience rights be included in the ing budget bill. They mentioned specific violations of conscience rights, including the HHS Mandate: “This attack on religious freedom demands immediate congressional action,” the 14 lawmakers wrote. “Nothing short of a full exemption for both nonprofit and for-profit entities will satisfy the demands of the Constitution mon sense.” The continuing resolution that House appropriators released Monday would not cut...
PovertyCure: From ‘Paternalism to Partnerships’
Alex Chafuen’s Forbes article on “champions of innovation,” which Michael Miller blogged here recently, is now one of the top features on the contributors page at The Blaze. Here’s an excerpt: When Adam Smith wrote his famous “Inquiry into the Nature and Causes of the Wealth of Nations,” he helped shift the terms of the discussion. Centuries earlier, work focused on different aspects of poverty. Jurists and city authorities analyzed whether the poor should be allowed to beg freely and...
Lecrae Urges Christians to Move Beyond a ‘Sacred-Secular Divide’
At last fall’s evangelical-oriented Resurgence Conference, Grammy award-winning hip-hop artist Lecrae Moore encouraged the American church to rethink how it engages culture, urging Christians to move beyond what has e a narrow, overly introverted “sacred-secular divide” (HT): We are great at talking about salvation and sanctification. We are clueless when es to art, ethics, science, and culture. Christianity is the whole truth about everything. It’s how we deal with politics. It’s how we deal with science. It’s how we deal...
Kevin Schmiesing: Catholic Social Teaching and the Sequester
In a story about looming budget cuts associated with the federal sequestration, Acton Research Fellow Kevin Schmiesing was called on by Aleteia to suggest “ways Catholic social teaching might be used to guide the cuts.” Schmiesing pointed out that the “cuts” are really “only a slow-down in the rate of growth in federal spending.” More: “Much more dramatic cuts and/or revenue increases are needed to reach a position of fiscal responsibility,” he said in an interview. But the principle of...
When Free Speech Died in Canada
When future historians attempt to narrow down the exact point at which the concept of free speech died in Canada, they’ll likely point to Saskatchewan (Human Rights Commission) v. Whatcott, specifically this sentence: Truthful statements can be presented in a manner that would meet the definition of hate speech, and not all truthful statements must be free from restriction. Jesus might have claimed that “the truth will set you free” but in Canada speaking the same truths proclaimed in God’s...
The Faulty Moral Arithmetic of the GOP
Arthur Brooks, president of the American Enterprise Institute, has an op-ed in today’s Wall Street Journal that every conservative should read—and heed: Conservatives are fighting a losing battle of moral arithmetic. They hand an argument with virtually 100% public support—care for the vulnerable—to progressives, and focus instead on materialistic concerns and minority moral viewpoints. The irony is maddening. America’s poor people have been saddled with generations of disastrous progressive policy results, from welfare-induced dependency to failing schools that continue to...
Sirico: Conclave Process Will Move Quickly
There is one thing certain about picking a new pope: there is nothing certain about picking a pope. While there are predictions that the conclave could begin as soon as tomorrow, it likely will take longer for the cardinals to start the sealed process. The Rev. Robert Sirico, President of the Acton Institute, believes the process will moved quickly once it begins. Sirico, who is traveling to Rome this week, said he expects the process to move swiftly. “I will...
Samuel Gregg on Catholics, Welfare, and the Sequester
Should Catholics be concerned about the looming budget cuts? The National Catholic Register asked several Catholic leaders and thinkers, including Acton’s Samuel Gregg, for their response to the sequester: Re-establishing fiscal discipline and welfare reform are ponents to securing mon good, a key principle in Catholic social teaching, said Samuel Gregg, author of the new book ing Europe: Economic Decline, Culture and How America Can Avoid a European Future. Gregg, director of research for the Acton Institute for the Study...
Corporate Welfare: Why?
I have yet to read a moral argument for why the taxes collected from working men and women should be redistributed to businesses. It’s called “corporate welfare.” This is the odd state of affairs where, business pete for government funding rather than peting for customers in the marketplace. In fact, many of the biggest recipients of corporate welfare are the same businesses that hire high-priced lobbyists to help write laws in Congress that protect them petition. Why, then, do voters...
Avoiding the Fate of Europe
At The American Spectator, Jackson Adams reviews Samuel Gregg’s new book, ing Europe: Economic Decline, Culture, and How America Can Avoid a European Future: “Europe” is a concept Europeans are still getting used to. It should not, therefore, be surprising that it took a book written primarily for Americans to determine the sort of morass into which Western European social democracies have stepped. In his new ing Europe, Samuel Gregg provides a detailed dissection of Europe’s economic climate and the...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved