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27 B.U. Pub. Int. L.J. 37 (2018)
When Corporations Go to Church: Free Exercise under Hobby Lobby

handle is hein.journals/bupi27 and id is 43 raw text is: WHEN CORPORATIONS GO TO CHURCH: FREE EXERCISE UNDER HOBBYLOBBY TESCH LEIGH WEST* I. CONTEXT OF THE HOBBYLOBBYDECISION . ............... 39 A. Statutory Background ................................. 40 B. Medical Background ........................ 42 C. Legal Background. ........................ 43 II. THE SUPREME COURT'S HOLDING IN HOBBYLOBBY............ 46 A. The Majority Opinion Held that For-Profit Corporations Are Persons Protected by the Free Exercise Clause . .......... 47 1. For-Profit entities are persons under RFRA ..... ..... 47 2. The contraceptive coverage mandate created a substantial burden upon the exercise of religion that was impermissible under RFRA ................... 49 3. The contraceptive coverage mandate did not meet the least restrictive means standard........... ........ 49 B. The Concurrence Interpreted RFRA's Least Restrictive Means Standard to be Less Demanding ................ 50 C. The Dissent Rejected the Definition of Corporations as Persons and the Majority's Interpretation of RFRA's Least Restrictive Means Standard. .................... 51 1. Corporations are not people under RFRA ..... ........ 52 2. Congress did not intend the least restrictive means standard under RFRA to be radical ................. 53 3. Hobby Lobby Stores' Free Exercise Clause claim is untenable and corporations are not protected under RFRA ..................................... 54 D. Epilogue - Hobby Lobby Remained Unsettled on Remand ...... 55 III. THE HISTORICAL STRUGGLE TO CHARACTERIZE CORPORATE PERSONHOOD ................... 56 Tesch West will soon transition to a Healthcare Associate position at Dntons US LLP. Tesch is a graduate from The George Washington University Law School, and a member of the District o Columbia Bar. She interned with the FCC's Connect2Health Task Force and spent her summer associateship working on CMS reimbursements for long term care hospitals. 37

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