Does A Company Have Religious Rights?

Sarah Posner spotlights a lawsuit challenging Obamacare’s contraception mandate:

At issue in Hobby Lobby’s lawsuit is far more than whether its employees will have coverage for all 20 methods of birth control Department of Health and Human Services regulations require employers to cover free of co-pays and deductibles. The suit, and others like it, is asking the courts to recognize for-profit corporations as entities with religious consciences that can be, in the legal parlance of [Religious Freedom Restoration Act (RFRA)], “substantially burdened” by government regulations.

The burden, Hobby Lobby argued, and the Tenth Circuit agreed, is that the government will impose fines of $100 per employee per day for failing to comply with the coverage requirement, potentially totaling $475 million in fines per year. That, the court found, amounted to a “Hobson’s choice,” forcing Hobby Lobby to choose between “catastrophic fines or violating its religious beliefs.”

[Hobby Lobby lawyer Kyle] Duncan maintained that the notion of a corporation having religious-freedom rights was “not a novel proposition,” but admitted there were no cases “squarely on point.” The vociferous dissents in Tenth Circuit’s 168-page opinion point to the conflicting legal theories that in all likelihood will be sorted out by the Supreme Court. The Tenth Circuit’s chief judge, Mary Beck Briscoe, excoriated the majority for finding that the operation of a successful for-profit corporation could be seen as a “form of evangelism,” effectively deeming them “faith-based businesses” entitled to free-exercise rights. That, Briscoe contended, “is nothing short of a radical revision of First Amendment law, as well as the law of corporations.”