The Rise of Corporate Religious Liberty

by Micah Schwartzman, Chad Flanders, Zoï Robinson

Overview

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.

Product Details

ISBN-13:	9780190262532
Publisher:	Oxford University Press
Publication date:	01/12/2016
Edition description:	New Edition
Pages:	528
Product dimensions:	6.10(w) x 9.20(h) x 1.30(d)

About the Author

Micah Schwartzman is the Edward F. Howrey Professor of Law at the University of Virginia School of Law.

Chad Flanders is Associate Professor of Law at the St. Louis University School of Law.

Zoë Robinson is Professor of Law at the DePaul University College of Law.

Table of Contents

Table of Contents

Acknowledgments

Contributors

Introduction

Chad Flanders, Micah Schwartzman, and Zoë 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

Zoë 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

Editorial Reviews

"The twenty-two contributors to The Rise of Corporate Religious Liberty expose philosophical tensions and offer practical insights for lawyers, curious lay readers, and others who are concerned about corporate religious liberty." — Matthew P. Cavedon, Journal of Law and Religion

"The Rise of Corporate Religious Liberty is an excellent collection of articles addressing the many facets of group religious freedom as well as the related issues that have arisen in our recent debates. The collection grew out of a conference hosted by the DePaul University College of Law, and its contributors include top scholars from a variety of backgrounds and perspectives. The quality of their contributions is exceptionally high, and together the book's chapters provide a representative and balanced sampling of the varied viewpoints that make debates about corporate religious liberty some of the richest and most interesting in religion clause."—Kathleen A. Brady, The Journal of Church and State

"The scope, limits, and grounds of corporate religious liberty are among the most urgently important questions in current American law. This collection does a great service, bringing together top scholars to analyze the history and the various dimensions of these issues. A must-read for legal scholars, it will also be compelling reading for political scientists, scholars of religion, and many general readers." -Martha C. Nussbaum, Ernst Freund Distinguished Service Professor of Law and Ethics, Law School and Philosophy Department, The University of Chicago

"The Constitution and various statutes protect the right of individuals to practice their religion. Do institutions also enjoy such protection? If so, which institutions? Only worship communities or for-profit corporations as well? This fascinating collection from an all-star cast of diverse scholars tackles questions dating back at least as far as the Enlightenment, made timely by the latest legal conflicts between egalitarian government programs and new claims of religious liberty." -Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell University Law School

"The important questions addressed in this book are deeply challenging and greatly controversial. The range of views defended by the contributors to this volume-contributors who are among this generation's most respected scholars of religious freedom-is impressively broad. Moreover, the depth of discernment evident throughout the book is truly remarkable. Essential reading for anyone who cares about the state of religious freedom in the United States today." -Michael J. Perry, Robert W. Woodruff Professor of Law, Emory University

"The Rise of Corporate Religious Liberty is an excellent collection of articles addressing the many facets of group religious freedom as well as the related issues that have arisen in our recent debates. The quality of their contributions is exceptionally high, and together the book's chapters provide a representative and balanced sampling of the varied viewpoints that make debates about corporate religious liberty some of the richest and most interesting in religion clause jurisprudence." - Journal of Church and State

"The Rise of Corporate Religious Liberty is an excellent collection of articles addressing the many facets of group religious freedom as well as the related issues that have arisen in our recent debates. The quality of their contributions is exceptionally high, and together the book's chapters provide a representative and balanced sampling of the varied viewpoints that make debates about corporate religious liberty some of the richest and most interesting in religion clause jurisprudence." - Journal of Church and State

From the Publisher