Justice Kennedy and the Unfolding Doctrine of Corporate Religious Sincerity
67 Pages Posted: 16 Jan 2016
Date Written: May 21, 2015
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: Suggested Citation