Corporate conscientious objection and the “war of religion” in the United States.Reflections from Burwell v. Hobby Lobby Stores, Inc.

Abstract

In this paper we analyze the current academic debate in the USA about corporate conscientious objection. To do this we first summarize the evolution of the judicial doctrine of the Free Exercise Clause in relation to the right of accommodation of religion. We then focus on the latest jurisprudence of the Supreme Court in Burwell v. Hobby Lobby Stores, Inc., where, on the basis of the Federal Religious Freedom Restoration Act, the majority of the Court recognized the right of companies to claim exemption from paying for contraceptive treatments contrary to their religious ideology through the insurance of their employees. After a critical reading of this jurisprudence, we will try to assess the influence of Burwell v. Hobby Lobby Stores, Inc. in the wider current debate on whether the right of employers to religious freedom can be a legitimate title to discriminate in the field of providing their services within the market.