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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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