University of Notre Dame law professor Richard W. Garnett has written a very helpful piece about religious freedom in the business world. It appeared as an op-ed piece in the Los Angeles Times.
He writes:
The government and others argue that the Greens' religious beliefs
are irrelevant because they've freely chosen to enter the
rough-and-tumble world of commerce and that, in any event, the exercise
of religion is for individuals, not corporations. But Hobby Lobby's
lawyers at the Becket Fund for Religious Liberty will be on solid ground
when they explain to the court that both of these arguments are
misguided.
The issue is not whether groups, associations and corporations have
religious freedom rights under federal law. Of course they do. After
all, religious hospitals, schools, social service agencies and churches
are not "individuals," but it would be bizarre to say that they don't
exercise religion.
And the question should not be whether legal protections for
religious liberty stop at the sanctuary door or evaporate when a person
is trying to make a living or a business is aiming to make a profit. At a
time when we talk a lot about corporate responsibility and worry about
the feeble influence of ethics and values on Wall Street
decision-making, it would be strange if the law were to welcome
sermonizing from Starbucks on the government shutdown but tell the Greens and Hobby Lobby to focus strictly on the bottom line.
The Religious Freedom Restoration Act reaffirmed an idea that is
deeply rooted in America's history and traditions — namely, that
politics and policy should respect and, whenever possible, make room for
religious commitments and conscientious objections. True, religious
liberty is not absolute, and, in a pluralistic society like ours, not
all requests for exemptions and accommodations can, or should, be
granted. Some religious liberty lawsuits will, and should, fail, but not
simply because they involve what happens at work on Monday and not what
happens in services on the Sabbath.
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