Home
/
RELIGION & LIBERTY ONLINE
/
Do Corporations Have Religious Liberty Rights?
Do Corporations Have Religious Liberty Rights?
May 20, 2026 4:46 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
Status and function: Drucker on the keys to a functioning society
This is the fifth in a series of essays on Peter Drucker’s early works. Peter Drucker published The Future of Industrial Man in the midst of World War II (1942). He was conscious of the need to defeat authoritarian governments beyond the battlefield. Free societies would have to prove themselves superior or the problems of fascism munism would continue to recur. In the book, he offered a formulation that he would go on to repeat in many other books and...
5 facts about the U.S. Constitution
Today is Constitution Day, which is observed every year to remember the Founding Fathers signingthe Constitution on September 17, 1787. Here are five facts you need to know about the Constitution: 1. Neither Thomas Jefferson nor John Adams signed the Constitution, nor attended the Constitutional Convention. Adams served as our representative to Great Britain, and Jefferson represented U.S. interests in France. Both died on July 4, 1826. 2. promisedid e about because the Founding Fathers considered African-Americans “three-fifths of a...
UN climate chief: Stop worrying and have babies
Climate change may well be a problem, but the chief of the United Nations’ agency on climate says it won’t destroy the world – and shouldn’t stop young people from having children. Alarmist rhetoric from “doomsters and extremists” that babies will destroy the planet “resembles religious extremism” and “will only add to [young women’s] burden” by “provoking anxiety,” he said. Petteri Taalas is no “climate-change denier.” He is secretary-general of theWorld Meteorological Organization (WMO), the UN’s special agency on weather...
New ‘Religion & Liberty’ focuses on the student loan crisis
The newest issue ofReligion & Libertyhas been uploaded. You can view it here. This issue ofReligion & Libertyfocuses on higher education in all its fulness. Two statistics throw the college tuition crisis into stark relief: Since 1978 – the year the federal government offered subsidized loans to all students – the cost of college tuition has risen by 1,375 percent. And another 1,400 students default on those loans every day. The cover story by Anne Rathbone Bradley unravels the crisis...
Fact check: 5 facts about the third Democratic debate of 2019
The Democratic Party held its third presidential debate on Thursday night. The 10 hopefuls made at least five proposals that were based on erroneous premises or that would harm the country. 1. Wealth inequality is destroying the world. Senator Bernie Sanders said he felt it was “unfair” pare his version of democratic socialism with the version practiced in Venezuela. But he distinguished himself from most of the field by promising bat wealth inequality: To me, democratic socialism means we deal...
Only an EU ‘empire’ can secure liberty: EU leader
Is a European-wide patible with liberty? A prominent EU leader mended transforming the European Union into an “empire” at a UK political party conference this weekend, to sustained applause. “The world order of tomorrow … is a world order based on empires,” said Guy Verhofstadt, a Member of European Parliament (MEP) and the EU’s chief negotiator on Brexit. He is also leader of the EU’s Alliance of Liberals and Democrats for Europe faction. ments came at the party conference of...
Charles Dickens, poverty, and emotional arguments
Why is it that the Industrial Revolution of the 19th century is so often our go-to mental paradigm for poverty? CapX’s John Ashmore, for instance, recently wrote of those who “feel an argument about poverty is plete without claiming we’ve somehow gone back to the 19th century.” Were there no poor people before that? (There were, obviously.) There are a number of possible answers – an increase in the concentration of poverty with growing urbanization and industrialization, which made poverty...
Every politician is Andrew Yang
Richard Nixon supposedly once said, “We’re all Keynesians now,” referring to the new accepted regime of monetary policy. Today, we have far bigger problems than our Keynesian Federal Reserve. Any present-day politician could just as well say, “We’re all Andrew Yang now.” Andrew Yang, for those who don’t know, is running for the Democratic nomination for president. He’s an eccentric businessman whose signature policy proposal is that he wants to give you cold hard cash. Really. While many, including me,...
Alejandro Chafuen in Forbes: The uncertainties of the Brexit debate
Acton’s own Alejandro Chafuen recently returned from a visit to England, and today in Forbes he offers a few of his impressions and analyses of the contentious Brexit process. The political machinations of the current situation are seemingly endless, but its ramifications are more than just political. As Chafuen points out, for instance, the ongoing saga brings uncertainty for anyone who does business in the UK. “We have many issues that go to a referendum in Switzerland. But after the...
The cosmic battle for economics: Toppling ideological idols with Christian wisdom
When I began my freshman year of college, I didn’t care much about economics. Having been raised in a conservative Christian home, I had adopted a generically pro-capitalism shtick, but it wasn’t much to stand on. As I arrived at my left-leaning Christian college, that lack of foundation soon became clear. I found myself swirling amid campus debates about “economic justice,” infused with lofty religious language. Progressive economic policies were championed with social-gospel gusto and the Acts-2 arguments for socialism...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved