Corporate Religious Liberty

Abstract

Do for-profit corporations have a right to religious liberty? This question was before the Supreme Court for the first time in a challenge to the Affordable Care Act’s “contraception mandate.” According to Burwell v. Hobby Lobby Stores, Inc., the answer is yes: for-profit corporations are “persons” entitled to religious exemptions under the Religious Freedom Restoration Act.This Article argues that there is no principled basis for granting religious liberty exemptions to for-profit corporations. For-profit corporations do not possess the inherently human characteristics that justify religious exemptions for individuals. For-profit corporations also lack the unique qualities that justify exemptions for religious associations such as churches. Finally, corporate religious liberty risks trampling on the employment rights and religious liberty of individual employees.