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Corporations and Religious Freedom

Re: “Skepticism About the Third Circuit’s Rejection of Organizational Free Exercise Claims,” Will Baude, Volokh Conspiracy.

Am I correct in thinking that a for-profit sole proprietorship has religious freedom? In that case, surely a partnership does. And why not a corporation, particularly if it is 100% owned by one individual? Or is it that in each case, it is the individual as owner who must assert his rights?

The real question seems to me to be the fact question of whether the religious practice is in the interest of the stockholders. This means whether they would support it if they could, or whether it is an unjustified perk of the Board or executives. That is the same hard question that comes up with whether a corporation’s charitable donations or homosexuality policies are OK. Thus, the corporation should be allowed to have a religious practices policy, protected by the usual religious freedom rights, but subject to derivative suits by shareholders in the usual way (which means most suits lose).

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