Do Corporations Have Religious Beliefs?

62 Pages Posted: 3 Oct 2014  

Jason Iuliano

University of Pennsylvania Law School

Date Written: September 24, 2014

Abstract

Despite two hundred years of jurisprudence on the topic of corporate personhood, the Supreme Court has failed to endorse a philosophically defensible theory of the corporation. In this Article, I attempt to fill that void. Drawing upon the extensive philosophical literature on personhood and group agency, I argue that corporations qualify as persons in their own right. This leads me to answer the titular question with an emphatic “Yes.” Contrary to how it first seems, that conclusion does not warrant granting expansive constitutional rights to corporations. It actually suggests the opposite. Using the Affordable Care Act’s contraception mandate as a case study, I develop this theory of corporate personhood and explore some of its constitutional implications.

Keywords: Corporate constitutional rights, Contraception mandate, First Amendment

Suggested Citation

Iuliano, Jason, Do Corporations Have Religious Beliefs? (September 24, 2014). Indiana Law Journal, Vol. 90, 2014. Available at SSRN: https://ssrn.com/abstract=2501124

Jason Iuliano (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

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