To the Dictionary and Beyond! The Personification of Corporations in Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014)

Authors

Alex Riley

Abstract

In March of 2010, President Obama signed the Patient Protection and Affordable Care Act, which provides that group health plans must provide coverage for certain forms of preventative care and screenings for women. Regulations promulgated pursuant to this provision, commonly known as the contraceptive mandate, required coverage for all FDA-approved contraceptive methods without cost sharing. Two closely held corporations sued the U.S. Department of Health and Human Services under the Religious Freedom Restoration Act (RFRA). The suit was based on the owners’ opposition to abortion, which was rooted in their sincerely held religious beliefs. The plaintiffs sought to enjoin enforcement of the contraceptive mandate to the extent it required them to facilitate access to the four contraceptive methods they found objectionable. In Burwell v. Hobby Lobby Stores, Inc., the United States Supreme Court held that corporations are persons within the meaning of RFRA and the contraceptive mandate burdened the corporations’ exercise of religion.

This Note argues the Court correctly decided Hobby Lobby in holding that corporations are persons under RFRA. It reviews the legal background of the contraceptive mandate, RFRA, and the Dictionary Act, as well as cases where courts have held that corporations are persons within the meaning of a statute, and cases holding that corporations have racial identities and are thus capable of bringing racial discrimination suits. This Note analyzes the Court’s use of the Dictionary Act and compares the decision in Hobby Lobby to case law holding that corporations have racial identities under federal civil rights statutes. Finally, this Note analyzes the Court’s holding that Dictionary Act was applicable and that corporations are persons capable of exercising religion, with a special focus on the similarities between cases holding that corporations are persons within the meaning of RFRA, and cases holding that corporations are persons within the meaning of civil rights legislation.

Recommended Citation

Alex Riley, To the Dictionary and Beyond! The Personification of Corporations in Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014), 40 S. Ill. U. L.J. 153 (2015).
Available at: https://opensiuc.lib.siu.edu/siulj/vol40/iss1/11