Home
/
RELIGION & LIBERTY ONLINE
/
Do Corporations Have Religious Liberty Rights?
Do Corporations Have Religious Liberty Rights?
Oct 5, 2024 3:08 PM

Three years ago the U.S. Supreme Court ruled that corporations have the same rights as individuals to engage in political speech. As Justice Anthony Kennedy wrote in the Citizens United decision, the “corporate identity” of a speaker did not justify a reduced level of free speech protection. Can that same concept about corporate identity be applied to religious liberties? Do corporations have religious liberty rights too?

Some legal scholars are claiming they do not:

The raft of ACA cases raises the specter of doctrinal inconsistency within First Amendment jurisprudence between freedom of expression and freedom of religion,” says First Amendment expert Clay Calvert of the University of Florida. “If Citizens United means that secular, for-profit corporations possess the right to freely express political viewpoints by spending money, then at first glance it seems to follow that such corporations also possess the right to freely exercise religious beliefs by refraining from spending money.”

Yet, Calvert adds, “there is nothing historically that would require merging or blending the free speech and free exercise clauses on the question of whether corporations are treated like human beings. Just because two clauses fall within the same amendment does not mean principles that apply to one must apply to the other,” Calvert says. “Voluntarily spending money on political advertising is fundamentally different than pelled to spend money to pay for insurance that could be used to purchase contraception.”

[. . .]

“Secular, for-profit corporations cannot exercise religion,” says Leslie C. Griffin, who teaches constitutional law at the University of Nevada, Las Vegas. “Running a business is not the exercise of religion. Providing insurance coverage is not the exercise of religion. It is a mistake to think of every moral belief as the exercise of religion.”

Using the RFRA “to advantage ‘religious,’ secular, panies violates the establishment clause by giving religious businesses a leg up petition,” Griffin says. “It is not protecting religious liberty in any way.”

Marci Hamilton, a professor at the Benjamin N. Cardozo School of Law, agrees. “Whatever their beliefs, the federal law did not impose a substantial burden,” says Hamilton, who has argued an RFRA case before the Supreme Court. “If anything, it is an indirect burden several times removed. These businesses are not going to prevail and they shouldn’t.”

Read more . . .

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
Francis Collins – A Believer Looks at the Human Genome
Christian geneticist and author (The Language of God: A Scientist Presents Evidence for Belief, Simon & Schuster Trade Sales) Dr. Francis Collins is the Director of the National Institutes of Health (NIH) National Human Genome Research Institute and head of the Human Genome Project. Recently he was the keynote speaker at the 61st Annual Meeting of the American Scientific Affiliation, a group of Christian geneticists, chemists and other scientists. Over the past week I transcribed his lecture from the audio...
The Perfect, the Enemy of the Good
Voltaire had a saying: “The perfect is the enemy of the good,” or, “Le mieux est l’ennemi du bien.” It’s often repeated, especially in public policy circles, that the perfect the enemy of the good, implying that you should favor the realistic good that can be done rather than the unattainable perfect ideal. And now you know why. Because “good” beats “perfect” in a Google Fight, and by a rather handy margin. HT: Seth’s Blog, pares “unique”, “best”, and “finest”....
‘X’ Marks the Spot
In a recent issue of Business 2.0 magazine, we are told that X Prize founder Peter Diamandis is expanding his X Prize Foundation to address new areas of innovation. The first Ansari X Prize included a $10 million purse for the first private spaceflight. The X Prize Foundation website notes that the group is “actively researching the feasibility of new prizes in space, energy, genomics, education, nanotechnology, and prizes in the social arena,” but Business 2.0 gives us some more...
Moral Business
Profit is a valid motivation for business and, generally speaking, pany that pursues profits within the bounds of law and morality will be fulfilling its purpose admirably. But profit is an instrumental good rather than a final good, and so there are sometimes extraordinary circumstances that place additional moral obligations on business. For an edifying story about pany that responded well to such circumstances, see ...
Subsidiarity Inverted
Jeff Mirus of CatholicCulture.org flogs an address by Capuchin friar and dean of theology at St. Mary’s Seminary and University in Baltimore, Father David Couturier. I share Mirus’s assessment that “one is at times unsure exactly what Fr. Couturier means,” but some of his points do seem at odds with the vision of charity articulated by, for example, Benedict XVI in Deus Caritas Est, as Mirus points out. Especially perplexing is Couturier’s statement concerning the role of Capuchin Franciscans in...
Death and Despair, Life and Hope
Two pieces on Christianity Today’s website this week are worthy ment. The first, “Despair Not,” reminds us that “there is something worse than misery and death.” The author Stephen L. Carter interacts with C.S. Lewis’ famous book, The Screwtape Letters, to show that “the terrible tragedies that befall the world work to Satan’s benefit only if we despair. Suffering, as Screwtape reminds his nephew, often strengthens faith. Better to keep people alive, he says, long enough for faith to be...
‘Green’ Offices are Economical
From the same issue of Business 2.0 magazine I cited yesterday, check out this article on Adobe Systems, which is touted as having “The greenest office in America.” It just goes to show you that economic efficiency and environmental concerns go hand in hand. Click on the first link in the piece to get a slideshow of the various improvements which save energy and money at Adobe’s offices. My favorite is the timed outages of garage exhaust fans and outdoor...
How a Missional Perspective Changes Culture
The only way that culture can be truly changed, in terms of the gospel, is by movements of the Spirit that are birthed in congregational life. The Christian Right thinks that it can alter culture by direct partisan political pressure led by media personalities and tried-and-true techniques. They could not be more sadly mistaken. The failure of this approach is self-evident over the course of the past six years. The late missional theologian Lesslie Newbigin understood this well when he...
Social Issues, B16, and our Fundamental Task
Last week, Pope Benedict XVI addressed the Canadian Bishops who were making their ad limina visit. A worthwhile read, especially concerning the strong language His Holiness uses to condemn the symptoms of crumbling Western culture. …the fundamental task of the evangelization of culture is the challenge to make God visible in the human face of Jesus. In helping individuals to recognize and experience the love of Christ, you will awaken in them the desire to dwell in the house of...
Rendering to Caesar, God, and MasterCard
A press release from the National Association of Consumer Bankruptcy Attorneys, linked over at WorldMagBlog, claims that the bankruptcy reform legislation passed last year is being “reluctantly” interpreted by the United States Bankruptcy Court for the Northern District of New York to mean that “those going through bankruptcy may not tithe to their church or make other charitable donations … until after they have paid off credit panies and other creditors. Before the new law went into effect, bankruptcy court...
Related Classification
Copyright 2023-2024 - www.mreligion.com All Rights Reserved