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Fundacja Dobre Państwo
Fundacja Dobre Państwo

Posted on Originally published at dobrepanstwo.org

Corporate Rights: From Hobby Lobby to Mora County

The text analyzes the evolution of corporate rights, focusing on the landmark ruling in Burwell v. Hobby Lobby Stores, Inc. The author explains that the recognition of religious freedom for closely held companies did not stem from the constitutional rights of corporations, but from the federal Religious Freedom Restoration Act (RFRA). The analysis emphasizes the conflict between the principle of entity separateness and the personal beliefs of owners. A key aspect here is the standard of state control: to limit religious freedom, the government must demonstrate a compelling public interest and the use of the least restrictive means. The article points to an epistemological problem for the liberal state, which cannot judge the theological validity of beliefs, only their sincerity, thereby turning the corporation into a tool for expressing the owners' values.

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