Companies as Religious Liberty Claimants

Abstract

Can a company bring a claim alleging that its religious freedom has been violated?

Some recent authority suggests ‘yes’, at least insofar as the company is a one-person company or a closely held corporation. This article examines the subject, the goal being the exploration of a coherent and principled basis for the granting, if at all, of the right for an ordinary business corporation to sue to enforce the right to religious freedom, or to claim an exemption designed for religious persons or organizations. The determining principle governing the legitimacy of a claim ought to be the nature of the act and not the actor.

Keywords: Religious freedom, companies, corporations, Hobby Lobby

JEL Classification: K39