The Rise of Corporate Religious Liberty

by Micah Schwartzman (Editor), Chad Flanders (Editor), Zo? Robinson (Editor)

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:	9780190262556
Publisher:	Oxford University Press
Publication date:	12/11/2015
Sold by:	Barnes & Noble
Format:	eBook
Pages:	296
File size:	856 KB

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. Zo? 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 Zo? 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 Zo? 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

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