SOULED
Burwell v. Hobby Lobby Stores, Inc.
573 U.S. 682 (2014) · 2014
The Court granted a corporation a soul — then subordinated 28,000 employees to it.
“A corporation is simply a form of organization used by human beings to achieve desired ends.”
The Ruling
5–4: Closely held corporations have religious freedom rights under RFRA and may deny contraceptive coverage to employees whose beliefs differ from the owners' beliefs.
The Personhood Argument Not Made
Corporate personhood now includes an interior life — conscience, belief, faith. A corporation's 'religious belief' is the owners' belief imposed on employees. The corporate person's conscience overrode 28,000 natural persons' healthcare decisions. The Court answered backwards which personhood prevails.
The Execution Gap Created
Employees formally retain rights to religious freedom and healthcare. The corporate person's beliefs toggle those rights off in practice. The ruling created a template for using religious corporate personhood to override employees' actual personhood.
Primary sources & research
Related cases
Part of The Personhood Prism, the companion to The Execution Gap by Thomas William Hornig. See all personhood cases →