Companies as Religious Liberty Claimants

Oxford Journal of Law and Religion, 2016

27 Pages Posted: 9 Jun 2016

See all articles by Rex Ahdar

Rex Ahdar

University of Otago - Faculty of Law; University of Notre Dame Australia - University of Notre Dame Australia, School of Law, Students

Date Written: 2016

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

Suggested Citation

Ahdar, Rex, Companies as Religious Liberty Claimants (2016). Oxford Journal of Law and Religion, 2016, Available at SSRN: https://ssrn.com/abstract=2791239

Rex Ahdar (Contact Author)

University of Otago - Faculty of Law ( email )

P.O. Box 56
Dunedin, Otago 9010
New Zealand

University of Notre Dame Australia - University of Notre Dame Australia, School of Law, Students ( email )

Sydney Campus
New South Wales
Australia

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