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 29, 2026 2:59 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
Russell Kirk: Where does virtue come from?
This is the first in a series celebrating the work of Russell Kirk in honor of his 100th birthday this October. Read more from the series here. How can human society form and raise up virtuous people? In the Summer/Fall 1982 issue of Modern Age, Russell Kirk explored this perennial question in an essay titled, “Virtue: Can It Be Taught?” Kirk defined virtues as “the qualities of full humanity: strength, courage, capacity, worth, manliness, moral excellence,” particularly qualities of “moral...
Walmart removes hammer-and-sickle merchandise
After backlash from across the globe, Walmart has stopped selling items bearing the hammer-and-sickle insignia of the Soviet Union. This followed strongly worded letters from Baltic leaders and a U.S. educational effort largely spearheaded by Mari-Ann Kelam through the Acton Institute. The controversy burst into public consciousness when Kelam wrote an Acton Commentary titled, “Walmart’s T-shirt homage to mass murder,” published on September 5. A number of news outlets picked up the story, both in print and on radio. Lithuania’s...
8 quotations from Walter Laqueur on Europe’s future, statism, and the allure of evil
One of the preeminent international analysts and students of the transatlantic area, Walter Ze’ev Laqueur, died Sunday at the age of 97. Born on May 26, 1921, in what was then Breslau, Germany (and now Wrocław, Poland), he fled his homeland days before Kristallnacht; his family would die in the Holocaust. He moved to an Israeli kibbutz, to London, and eventually to the United States – moving as seamlessly from journalism, to foreign affairs, to academia. He spoke a half-dozen...
This politician nails entrepreneurship and the importance of work
The news highlights from Theresa May’s speech this morning at the Conservative Party’s 2018 conference may be that she branded Labour the “Jeremy Corbyn Party” mitting her party to “ending austerity,” increasing spending on the NHS (which, she said, “embodies our principles as Conservatives more profoundly” than any other institution), and suspending the national gasoline tax for the ninth year – a move that saved British taxpayers £9 billion a year. But there’s a section noteworthy for its rarity in...
Amazon paying higher wages is smart—forcing everyone to do so is dumb
Amazon recently announced pany will pay all of its U.S. employees a minimum of $15 an hour—more than double the federal minimum wage of $7.25. “We listened to our critics, thought hard about what we wanted to do, and decided we want to lead,” said Amazon’s founder and CEO Jeff Bezos. “We’re excited about this change and encourage petitors and other large employers to join us.” The decision is a smart move for Amazon. Unfortunately, the pany wants to force...
C.S. Lewis on the necessity of chivalry
There are few concepts today more dismissed—and yet more necessary—than chivalry. During the Middle Ages chivalry was a moral system bined a warrior ethos, knightly piety, and courtly manners. As C.S. Lewis writes in “The Necessity of Chivalry“—my favorite essay of his—the medieval ideal brought together fierceness and meekness, “two things which have no natural tendency to gravitate towards one another.” “It brought them together for that very reason,” says Lewis. “It taught humility and forbearance to the great warrior...
The failure of ‘good intentions’ in America’s entitlement state
Amid the flurry of anti-poverty activism gone wrong, we are routinely reminded thatgood intentions aren’t enough. Although the motives of our hearts often serve as fuel for positive transformation, our corresponding efforts also require reason, wisdom, discernment, and a healthy recognition of real-world ripple effects and constraints. In public policy, we see an unfortunate mix of good intentions and unintended harm across a range of issues, from disaster relief to foreign aid to healthcare policy and beyond. At present, however,...
Explainer: What you should know about the U.S.-Mexico-Canada Agreement (USMCA)
What just happened? Shortly before midnight on September 30, the United States and Canada agreed to a deal to replace the North American Free Trade Agreement(NAFTA). The new trilateral trade agreement is called the United States-Mexico-Canada Agreement (USMCA). When does it take effect? Before it can take effect, leaders from each of the three countries must sign it and get it approved by their nation’s legislatures. Because this process is expected to take several months, the main provisions of USMCA...
Why you should diversify your investments
Note: This is post #95 in a weekly video series on basic economics. Before it went bankrupt in 2001, many of Enron’s employees had most or all of their retirement funds pany stock. When pany collapsed, as Alex Tabarrok notes, employees who were once multimillionaires ended up with almost nothing. They failed to heed the most basic rule of investing:Don’t put all your eggs in one basket. In this video by Marginal Revolution University, Tabarrok explains why diversification is essential...
Jesus would vote for socialism: German socialist party
Marxism taught that religion is the opiate of the people and tried to indoctrinate children in atheism from their earliest days. Yet a socialist party in Germany has erected a billboard stating, “Jesus would have voted for us.” The fifth-place party in the German Bundestag, Die Linke (“The Left”), “is the direct successor of the Socialist Unity Party of Germany (SED) which held East Germany in an iron grip for many decades,” writes Kai Weiss of the Austrian Economics Center....
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved