At Constitution Daily, Hofstra’s Ron Colombo, a past guest here at CLR Forum, has a helpful essay on the contraception mandate cases on which the Court granted cert yesterday. Ron argues that for-profit corporations like Hobby Lobby, the respondent in one of the cases, have standing to raise a free exercise claim:
Hobby Lobby … is owned and operated by a family deeply devoted to its Christian faith. The company’s statement of purpose commits it to “[h]onoring the Lord in all we do by operating the company in a manner consistent with Biblical principles.” Unlike so many companies today that put profits over people, Hobby Lobby pledges to “[s]erving [its] employees and their families by establishing a work environment and company policies that build character, strengthen individuals, and nurture families.” . . .
So the question becomes: does the First Amendment provide the protections necessary for businesses such as Hobby Lobby to exist? Or, to frame things differently: are individuals free under the U.S. Constitution to follow the dictates of their consciences into the private sector, and to start businesses with practices that are religiously informed? Businesses around which workers, customers, and investors with shared religious values and beliefs can coalesce?
As should become readily apparent, the recognition of “corporate free exercise rights” ultimately redounds to the protection of individuals. For it is through religiously expressive corporations that many people wish to live out their faiths. Can it really be the case that the Constitution effectively consigns these individuals to careers and options only in the world of non-profits? Is the most significant modern means of harnessing private initiative, the business corporation, somehow carved out from the First Amendment’s religious liberty protections?
You can read Ron’s essay here.