Home
/
RELIGION & LIBERTY ONLINE
/
Justice Alito: ‘For-Profit’ Businesses Pursue More Than Material Gain
Justice Alito: ‘For-Profit’ Businesses Pursue More Than Material Gain
Sep 5, 2025 1:11 PM

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
Sachs Misses The Civil Society Mark (Again)
Over at the New York Times, economist Jeffrey Sachs opines about the need for greater measures to “end poverty” in countries across the world where people are truly suffering. Using data from the World Bank, Sachs reports that the proportion of households in developing countries below the extreme-poverty line has declined sharply from 52 percent in 1980, to 43 percent in 1990, 34 percent in 1999, and 21 percent in 2010. Sachs then explains what is needed in order for...
Subsidiarity, Community and Moussaka
Greece is, economically, a mess. With a youth unemployment rate exceeding 65 percent, leaving two-thirds of the nation’s young people unable to find a job, there is not much to celebrate in a country where family life – like many cultures – revolves around meals. Greece is also facing a sharp decline in population. Here is a story of what happens when people who love to cook, but have no one to cook for, meet people who love to eat,...
Audio: Samuel Gregg Talks Tea Party Catholic in Youngstown, Ohio
Samuel Gregg made yet another radio appearance this morning in support of his latest book, Tea Party Catholic, this time on 570 WBKN in Youngstown, Ohio with host Dan Rivers. It was another fine discussion, and even included time for Sam to take a few calls from listeners. You can listen to the interview using the audio player below. ...
Samuel Gregg: The Jesuit, Pope Francis and The Poor
Acton’s Director of Research, Samuel Gregg, offers some fresh thoughts on Pope Francis today at Crisis Magazine. Gregg points out that there has been much talk about “poverty” and the “poor” since the election of Pope Francis, but that this is nothing new in the Catholic Church. …Francis isn’t the first to have used the phrase “a poor church of the poor.” It’s also been employed in a positive fashion by figures ranging from the father of liberation theology, Gustavo...
The Purpose of Catholic Education and the Role of the State
“Young people graduating from Catholic schools should have a keen understanding of being called as Christians to work for mon good — and to do so through a life that is deeply rooted in Christ,” says Christiaan Alting von Geusau and Philip Booth in this week’s Acton Commentary. The full text of his essay follows. Subscribe to the free, weekly Acton News & Commentary and other publications here. The Purpose of Catholic Education and the Role of the State byChristiaan...
Hours Cut Due To Obamacare? Follow Your Passion, Says Pelosi
According to Investor’s Business Daily, over 300 businesses are cutting employee hours and jobs to avoid Obamacare. If employers restrict employee work hours to 30 per week, then they avoid Obamacare mandates for health insurance. Jed Graham of Investor’s Business Daily says, “Data also point to a record low workweek in low-wage industries.” Casinos are one industry that exemply these cuts. In Grantville, Penn., the Hollywood Casino has told part-time workers they are now limited to no more than 30...
Why It’s Better That More Women Than Men Live in Poverty
The latest census figures show that in the U.S. women are more likely to live in poverty than men, particularly if they’re raising families alone. In total, 14.5 percent of American women lived in poverty in pared to 11 percent of men. At every age women are more likely to be poor than men. Even girls under age 18 are slightly more likely to live in poverty than boys are. What could be causing this disparity? As James Taranto explains,...
Deadlines Approach for Novak Award and Calihan Fellowships
Are you seeking scholarships to offset graduate school costs? Have you e acquainted with an emerging scholar and would like to recognize this individual by nominating him/her for a prestigious award? If you are involved in academia and have a passion for work that values rule of law, limited government, religious liberty, and freedom in economic life, we mend you look into the Acton Institute’s scholarship programs. And we encourage you to do so quickly, for important deadlines are rapidly...
Spiritual Capital and Social Justice
The Chi Rho symbol, pictured here from the Book of Kells, is a traditional abbreviation of the Greek word “Christos” or Christ. Today at Ethika Politika, I examine the connection between the spiritual practice of meditation — the Jesus Prayer in particular — and justice: If we take justice to mean “to render to each what is due,” we may have some understanding of how this relates. Practice of the Jesus Prayer increases focus and builds a habit that helps...
Corporate Political Spending Report a Tool for Business Bullies
The 2013 “CPA-Zicklin Index of Corporate Policy Accountability and Disclosure” was issued Tuesday by the allegedly “nonpartisan” Center for Corporate Political Accountability – the “CPA” of the report’s title lest readers mistakenly read it as the objective analysis of a certified public accountant. The CPA referenced here is the organization operated by Bruce Freed, which shepherds proxy shareholder resolutions by left leaning “religious” shareholder activist groups as As You Sow and the Interfaith Council on Corporate Responsibility. I haven’t taken...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved