6th Circuit: Corporations Cannot Exercise Religion

Written by Don Byrd
The 6th Circuit yesterday joined the conversation about religious exemptions from the contraception mandate under the Affordable Care Act. In a 3-0 ruling, the appeals panel rejected a corporation’s call for an injunction against the mandate. Holding that the corporation is not a person capable of exercising religion, the court reasoned, the mandate does not place a burden on the owners.

3rd Circuit Declines to Re-Hear Contraception Mandate Challenge

Written by Don Byrd
Here’s a brief update to an important story in the ongoing saga of religious freedom as it relates (or doesn’t relate) to the contraception coverage mandate in the Affordable Care Act.

By a 7-5 margin, the 3rd Circuit Court of Appeals voted not to rehear a panel’s recent ruling. Late last month, a 3-judge panel denied Conestoga Wood Services an injunction against the mandate. The 2-1 decision rested on the conclusion that for-profit, secular corporations cannot exercise religion, a finding that lands them in direct conflict with a ruling in the 10th Circuit on a similar challenge.

Where is the Limit of Corporate Religious Freedom?

Written by Don Byrd
As I posted last week, the 3rd Circuit recently ruled (in Conestoga) that for-profit, secular corporations cannot exercise religion. A few weeks before that, the 10th Circuit determined exactly the opposite (in Hobby Lobby) in halting the contraception mandate for a closely-held corporation owned by a family with strong religious beliefs.

Slate’s Dahlia Lithwick offers a helpful primer on the inevitable Supreme Court showdown over the religious freedom rights of corporations. Notably, she takes a step back to view this dispute in the larger context of employer-employee relationships and the neverending task of balancing interests.

3rd Circuit: For-Profit, Secular Corporations Cannot Exercise Religion

Written by Don Byrd
The latest development in the court battles over the contraception mandate is an important one. The Third Circuit, affirming the trial court’s refusal to bar enforcement of the mandate against Conestoga Wood Specialties Corporation, has ruled that a for-profit, secular corporation like Conestoga cannot exercise religion, and thus is not covered by the Religious Freedom Restoration Act.