Corporate Free Exercise: A Survey of Supreme Court Cases Applied to a Novel Question

Abstract

Still in the wake of the Citizens United decision, the next question of corporate rights is heading to the Supreme Court soon: corporate free exercise of religion. This constitutional debate is bound to pick up even more steam now that the Supreme Court has decided the Hobby Lobby case.

A survey of Supreme Court cases reveals that affording constitutional rights to corporations is actually remarkably common. This article explores some of the more prominent constitutional rights the Supreme Court has applied to corporations and explains how the rationale in these cases can illuminate the discussion as to whether corporations have First Amendment religious rights.

Keywords: Constitutional law, free exercise, religion, First Amendment, corporations, corporate rights, speech, campaign contribution, HHS Mandate, Affordable Care Act, Obamacare, Constitution, Equal Protection, Due Process, Contracts Clause, Fifth Amendment, privileges and immunities, Hobby Lobby