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 18, 2026 6:20 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
Booth: This reform would improve the ecological, and human, environment
To be good citizens, faithful people must examine policies’ results, not just their intentions.One overly intrusive environmentalist policy alone has prevented the poor from accessing adequate housing and, ironically, reduced the diversity of the environment. If excluding the vulnerable from the economy is evil, as Pope Francis has written, then new approaches are needed, writesPhilip Booth,a distinguished British professor of finance in a new essay forReligion & Liberty Transatlantic. He begins by opening an earnest dialogue with the pontiff’s social...
How much does crime pay?
The claim that “crime doesn’t pay” was an early slogan of the FBI. But while the claim may be a truism in the long run, in the short-term criminal activity can produce an parable to the earnings of a middle-class worker. At least that’s the finding of a new paper published in the journal Criminology. Holly Nguyen of Pennsylvania State University and Thomas Loughran of the University of Maryland-College Park attempt to gauge how much money people earn through criminal...
Redemption Camp: A Nigerian megachurch builds its own city
As urbanization accelerates around the world, local municipalities and city planners are struggling to keep up with the pace. Sometimes and in some areas, it’s easier to work outside the government altogether. Such is the case for the Redeemed Christian Church of God in Lagos Nigeria, which has slowly developed a city of sorts over the past 30 plete with an independent power plant and privately managed security, infrastructure, and sanitation. “In Nigeria, the line between church and city is...
Radio Free Acton: Joe Carter on Antifa and the Alt Right; Upstream on artist Renée Radell
In this new episode of Radio Free Acton, producer Caroline Roberts talks with Joe Carter, senior editor for Acton and Adjunct Professor of Journalism at Patrick Henry College, about Antifa, the Alt Right, and how Christians should respond to the messages of both groups. Following that, Bruce Edward Walker speaks with Gregory Wolfe about the art of Renee Radell. The artist’s work is the subject ofRenéeRadell: Web of Circumstance(Predmore Press, 2016, 220 pages, $80), a book presenting a career overview...
Business as a calling
Do you live vocationally in your day job, even if you aren’t making a career of it? God’s calling on your life is not a maintenance request, the task is not finite, nor is it particular. Answer God’s call will transform your entire life—starting now, right where you are. ...
Are charter schools better than public schools?
In 1991 Minnesota passed the first law establishing charter schools in the state. Since then, a majority of states have some kind of charter school system. But what exactly is a charter school? And are they better for students? ...
StarCraft as soulcraft: Lessons from a classic computer game
The video game developer Blizzard Entertainment, best-known today for its massively popular World of Warcraft (2004), first released a lesser-known classic in 1998: StarCraft. The science fiction warfare and strategy game was the best-selling PC game of the year, and it sold nearly 10 million copies over the next decade. petitions drew crowds of over 100,000 people in South Korea, where the game was so popular that three separate television stations regularly broadcasted matches. Blizzard released a sequel, StarCraft 2:...
The human cost of the EU’s anti-GMO policy
Commentators have long said that banning genetically modified food (GMOs) harms human flourishing. Thanks to a new study, that harm can now be quantified. A study published in late July studies the impact of delaying the approval of GMOs in five nations: Benin, Kenya, Niger, Nigeria, and Uganda. The researchers – who hail from the Netherlands, Germany, South Africa, and the United States (surprisingly enough, from the University of California at Berkeley) – analyzed the effects of political decisions to...
The costs and benefits of monopoly
Note: This is post #49 in a weekly video series on basic microeconomics. What would happen if we eliminated patents for industries with high R&D costs, such as the pharmaceutical industry? Eliminating patents in this case may result in less innovation and, specifically, fewer new drugs being created, explains economist Alex Tabarrok. In this video by Marginal Revolution University he considers some of the tradeoffs of patents and looks at alternative ways to reward research and development such as patent...
Development vs. thuggery: How foreign aid hinders local business
The foreign aid movement has largely failed the global poor, promoting top-down solutions at the expense of bottom-up enterprises and institutions, as Acton’s widely acclaimed documentary, Poverty, Inc., and PovertyCure film series detail at length. Whether due to basic errors in economic thinking or a more subtle, subconscious apathy toward local enterprise, such efforts routinely lead to more disruption than development, hindering the very countries they hope to assist. It’s an ignorance and oversight that has painful implications for many...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved