Abstract
In the wake of the Supreme Court’s controversial decision in Burwell v. Hobby Lobby Stores, Inc., this article makes the case for extending First Amendment religious protections to for-profit corporations. It argues that logical application of the First Amendment allows for no other result. The article then proposes a novel framework—deeply rooted in existing First Amendment law— for determining which corporations are actually engaged in religious practice. Rather than focusing on profit motives or ownership structure, courts deciding corporate religious claims should extend First Amendment protection to those corporations that have demonstrated sincere religious beliefs through their corporate charter and practices. By tackling this controversial problem head-on and offering a workable middle-ground approach to resolving the controversy, this article offers valuable tools to courts considering corporate free exercise cases and to scholars discussing these issues.
Recommended Citation
John D. Moore,
The First Amendment Case for Corporate Religious Rights,
16
Nev. L.J.
1
(2015).
Available at:
https://scholars.law.unlv.edu/nlj/vol16/iss1/2