The Rise of Corporate Religious Liberty

Law

The Rise of Corporate Religious Liberty

Edited by Micah Schwartzman · Chad Flanders · Zoe Robinson
Oxford University Press February 2016

Specifications

ISBN-13
9780190262525
Publisher
Oxford University Press
Publication
February 2016
Format
Hardback
Jurisdiction
U.S. ? Countri(es) for reference only

Also available as

Paperback

Details

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

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
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