Justice Kennedy and the Unfolding Doctrine of Corporate Religious Sincerity

67 Pages Posted: 16 Jan 2016

Date Written: May 21, 2015

Abstract

This article explores how Justice Kennedy's Hobby Lobby concurrence synthesizes competing narratives about religious liberty and points toward a doctrinal test of corporate religious sincerity that is legally and politically justifiable.

An earlier version of this article won the Irving Oberman Memorial Prize for Harvard's best student writing on constitutional law and appeared on SSRN under the title, "Reasoning from Principles of Religious Liberty to a Test of Corporate Sincerity." The article has been substantially revised since that time, and the analysis of Justice Kennedy's concurrence has been significantly expanded with the addition of Section IV.

Keywords: Religious liberty, religious freedom, free exercise, corporate free exercise, Hobby Lobby, Conestoga Wood, contraception mandate, HHS mandate, Religious Freedom Restoration Act, RFRA, First Amendment, Free Exercise Clause, Kennedy, McConnell, Laycock.

Suggested Citation

Churchill, Spencer, Justice Kennedy and the Unfolding Doctrine of Corporate Religious Sincerity (May 21, 2015). Available at SSRN: https://ssrn.com/abstract=2716699 or http://dx.doi.org/10.2139/ssrn.2716699

Spencer Churchill (Contact Author)

Harvard Law School ( email )

1563 Massachusetts Ave
Cambridge, MA 02138
United States

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