Home
/
RELIGION & LIBERTY ONLINE
/
Justice Alito: ‘For-Profit’ Businesses Pursue More Than Material Gain
Justice Alito: ‘For-Profit’ Businesses Pursue More Than Material Gain
Jan 29, 2026 4:28 AM

In a 5-4 decision, the Supreme Court just announced its ruling in favor of Hobby Lobby, holding that, “as applied to closely held corporations, the government’s HHS regulations imposing the contraceptive mandate violate the Religious Freedom Restoration Act of 1993 (RFRA).” The full opinion, written by Justice Samuel Alito, can be read here.

Although there is still much to digest, and although the majority opinion still leaves quite a bit of room for related battles to continue, it’s worth noting that that whatever perceived “narrowness” we see in the decision — confining things specifically to closely held corporations — remains a significant victory, particularly given our culture’s prevailing attitudes about business.

According to HHS, by simply incorporating one’s business in the pursuit of profit — “without in any way changing the size or nature of their businesses” — pany “would forfeit all RFRA (and free-exercise) rights” (quotes from Alito’s paraphrase). The arguments supporting such a view vary, including the principal argument advanced by HHS that corporations cannot “exercise religion.”

Alito dissects this from a variety of angles, and does so pellingly. But one of the more noteworthy sections is his refutation of the notion that for-profit corporations aren’t protected by RFRA because they “simply seek to make a profit.”

After reviewing powerful precedent in Braunfeld v. Brown, wherein five Orthodox Jewish merchants fought against requirements to close their business on Sundays, and after highlighting the Dictionary Act, in which “the wor[d] ‘person’ … include[s] panies, associations, firms, partnerships, societies, and joint panies, as well as individuals,” Alito cuts to the broader reality:

While it is certainly true that a central objective of for-profit corporations is to make money, modern corporate law does not require for-profit corporations to pursue profit at the expense of everything else, and many do not do so. For-profit corporations, with ownership approval, support a wide variety of charitable causes, and it is not at all mon for such corporations to further humanitarian and other altruistic objectives. Many e readily to mind. So long as its owners agree, a for-profit corporation may take costly pollution-control and energy conservation measures that go beyond what the law requires. A for-profit corporation that operates facilities in other countries may exceed the requirements of local law regarding working conditions and benefits. If for-profit corporations may pursue such worthy objectives, there is no apparent reason why they may not further religious objectives as well.

HHS would draw a sharp line between nonprofit corporations (which, HHS concedes, are protected by RFRA) and for-profit corporations (which HHS would leave unprotected), but the actual picture is less clear-cut. Not all corporations that decline to organize as nonprofits do so in order to maximize profit. For example, organizations with religious and charitable aims might organize as for-profit corporations because of the potential advantages of that corporate form, such as the freedom to participate in lobbying for legislation or campaigning for political candidates who promote their religious or charitable goals. In fact, recognizing the patibility between establishing a for-profit corporation and pursuing nonprofit goals, States have increasingly adopted laws formally recognizing hybrid corporate forms. Over half of the States, for instance, now recognize the “benefit corporation,” a dual-purpose entity that seeks to achieve both a benefit for the public and a profit for its owners.

I say this is noteworthy because the opposing view stretches well outside some of the more strategic HHS arguments. The idea that “for-profit” businesses are simply, merely, primarily “for profit,” and that the pursuit of such profit necessarily impairs, inhibits, distorts, or conflicts with one’s deeper, wider, more transcendent aims and ends, prevails across the culture at large.Such a view darkens the popular imagination in turn, whether in regards to policy, economic activity, or otherwise.

The truth is that through an appropriate framework of obedience, duty, and sacrifice to one’s neighbor and God, one can surely be for both God and profit. By pretending otherwise, the government does its people a great disservice, drawing false dichotomies and imposing coercive measures that cheapen and coarsen the fabric of culture and civilization.

The battle will surely continue, but as of today, we can be thankful that the Court has promoted a view of flourishing that orients business not as a narrow avenue for petty profit and materialism, but as a stream through which a holistic approach to prosperity can be pursued —aligned toward the full and tangible good of humanity, and driven by transcendent aims and ends.

[product sku=”1111″]

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
From Steadfast Conservatives to the Faith and Family Left: Highlights from Pew Research’s Political Typology Survey
In discussions of political issues, the American public is too often described in a binary format: Left/Right, Republican/Democrat, Red State/Blue State. But a new survey by the Pew Research Center takes a more granular look at our current political typology by sorting voters into cohesive groups based on their attitudes and values: Partisan polarization – the vast and growing gap between Republicans and Democrats – is a defining feature of politics today. But beyond the ideological wings, which make up...
Justice Alito: ‘For-Profit’ Businesses Pursue More Than Material Gain
In a 5-4 decision, the Supreme Court just announced its ruling in favor of Hobby Lobby, holding that, “as applied to closely held corporations, the government’s HHS regulations imposing the contraceptive mandate violate the Religious Freedom Restoration Act of 1993 (RFRA).” The full opinion, written by Justice Samuel Alito, can be read here. Although there is still much to digest, and although the majority opinion still leaves quite a bit of room for related battles to continue, it’s worth noting...
A Cultural Case for Capitalism: Part 11 of 12 — The Challenges
[Part 1 is here.] Economic freedom does generate certain challenges. The wealth that free economies are so effective at creating brings with it temptation. Wealth can tempt us to depend on our riches rather than on God. The temptation can be resisted, as we see with wealthy biblical characters like Abraham and Job. But it’s a challenge the church should be mindful of, helping its members cultivate a balanced view of money and of our responsibility and opportunities as stewards...
What You Should Know About the Contraceptive Mandate Decision
This morning the U.S. Supreme Court issued a ruling on the Health and Human Services (HHS) contraceptive mandate (see here for an explainer article on the case). The Court ruled (5-4) that that employers with religious objections can opt out of providing contraception coverage under the Affordable Care Act. Here are six points you should know from the majority opinion written by Justice Samuel Alito: 1.The “Hobby Lobby” decision is really a collection of three separate lawsuits. Although the focus...
Using Drones for Good
Drones, or unmanned aerial vehicles (UAVs), have been a prominent and controversial topic in the news of late. Today, the Washington-based Stimson Center released its mendations and Report on US Drone Policy. The think tank, which assembled a bipartisan panel of former military and intelligence officials for the 81-page report, concluded that “UAVSs should be neither glorified nor demonized. It is important to take a realistic view of UAVs, recognizing both their continuities with more traditional military technologies and the...
Key Quotes from the Hobby Lobby Decision
Supreme Court Justice Samuel Alito wrote the majority (5-4) opinion in Burwell v. Hobby Lobby. The decision was decided in large part because it aligns with the Religious Freedom Restoration Act, a law that passed the U.S. Senate 97-3 and was signed by President Bill Clinton in 1993. The law is intended to prevent burdens to a person’s free exercise of religion. At the time, it had wide ranging bipartisan support and was introduced in the House by current U.S....
Video: Rev. Sirico on Pope Francis and the Mafia
Earlier today, Rev. Robert Sirico spoke with Fox News’ Lauren Green on ‘Spirited Debate’ about Pope Francis’ decision to municate members of the Italian mafia. From Heard on Fox: “Italy has e increasingly more secular and that has impacted the secularity of the mafia – they don’t have the kind of dramatic religious ties that they might have had at one time … the stuff of which movies portray,” said Sirico. He added, “they [the mob] have an appearance of...
Finding Meaning in Blue-Collar Work
Over at the Patheos Faith and Work Channel, Larry Saunders shares about his journey from pastor to grocery-store clerk to blue-collar factory worker to current MBA student in search of a white-collar job, offering deep and personal reflections on faith, work, and meaning along the way. When he became a United Methodist pastor, Saunders enjoyed certain aspects of what he calls the “white collar work of ministry,” finding “a strong correlation between my personal sense of vocation and my gifts.”...
Video: Rev. Sirico on Hobby Lobby Ruling
Earlier today, Rev. Sirico spoke with WSJ Live’s Mary Kissel about the contraceptive mandate ruling, religion’s place in the public square, and the historical context of the Supreme Court’s decision. Watch below: ...
A Cultural Case for Capitalism: Part 12 of 12 — Beyond Marxism
[Part 1 is here.] That most colossal blunder of Marxist experiments, the Soviet Union, collapsed more than twenty years ago, and yet Marxist thinking still penetrates the warp and woof of contemporary culture, so much so that it’s easy even for avowedly anti-Marxist conservatives to think from within the box of Marxism when considering the problem of cultural decay. Breaking out of that box means emphasizing but also stretching beyond such factors as insider cronyism, class envy, and the debilitating...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved