The Rise of Corporate Religious Liberty

What are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based institutions, including hospitals and universities, have sought exemptions from requirements to provide contraception. Now, in a surprising development, large for-profit corporations have succeeded in asserting rights to religious free exercise. The Rise of Corporate Religious Liberty explores this "corporate" turn in law and religion. Drawing on a broad range perspectives, this book examines the idea of "freedom of the church," the rights of for-profit corporations, and the implications of the Supreme Court's landmark decision in Burwell v. Hobby Lobby for debates on anti-discrimination law, same-sex marriage, health care, and religious freedom.

Table of Contents ; Acknowledgments ; Contributors ; Introduction ; Chad Flanders, Micah Schwartzman, and Zoe Robinson ; Part I: From Religious Liberty to Freedom of the Church ; Chapter 1: Religious Toleration and Claims of Conscience ; Kent Greenawalt ; Chapter 2: The Jurisdictional Conception of Church Autonomy ; Steven D. Smith ; Chapter 3: Freedom of the Church: (Toward) An Exposition, Translation, and Defense ; Richard W. Garnett ; Chapter 4: Religious Corporations and Disestablishment, 1780-1840 ; Sarah Barringer Gordon ; Chapter 5: Why Churches (and, Possibly, the Tarpon Bay Women's Blue Water Fishing Club) Can Discriminate ; Lawrence Sager ; Chapter 6: Religious Organizations and the Analogy to Political Parties ; Chad Flanders ; Part II: From Freedom of the Church to Corporate Religious Liberty ; Chapter 7: Hobby Lobby: Its Flawed Interpretive Techniques and Standards of Application ; Kent Greenawalt ; Chapter 8: Corporate Law and Theory in Hobby Lobby ; Elizabeth Pollman ; Chapter 9: Hosanna-Tabor after Hobby Lobby ; Zoe Robinson ; Chapter 10: Lessons from the Free Speech Clause ; Frederick Schauer ; Chapter 11: Religious Institutionalism-Why Now? ; Paul Horwitz and Nelson Tebbe ; Part III: Hobby Lobby's Implications ; Chapter 12: The Campaign against Religious Liberty ; Douglas Laycock ; Chapter 13: Bargaining for Religious Accommodations: Same-Sex Marriage and LGBT Rights after Hobby Lobby ; Robin Fretwell Wilson ; Chapter 14: Keeping Hobby Lobby in Perspective ; Christopher C. Lund ; Chapter 15: Healthcare Exemptions and the Future of Corporate Religious Liberty ; Elizabeth Sepper ; Chapter 16: Of Burdens and Baselines: Hobby Lobby's Puzzling Footnote 37 ; Frederick Mark Gedicks and Rebecca G. Van Tassell ; Part IV: Challenges to Corporate Religious Liberty ; Chapter 17: Some Realism about Corporate Rights ; Richard Schragger and Micah Schwartzman ; Chapter 18: Religious Exemptions and the Limited Relevance of Corporate Identity ; Ira C. Lupu and Robert W. Tuttle ; Chapter 19: Freedom of the Church and Our Endangered Civil Rights: Exiting the Social Contract ; Robin West ; Chapter 20: Change, Dissent, and the Problem of Consent in Religious Organizations ; B. Jessie Hill ; Chapter 21: The New Religious Institutionalism Meets the Old Establishment Clause ; Gregory P. Magarian ; Chapter 22: Religion and the Roberts Court: The Limits of Religious Pluralism in Constitutional Law ; Mark Tushnet ; Index