Quasi-Rights for Quasi-Religious Organizations: A New Framework Resolving the Religious-Secular Dichotomy After Burwell v. Hobby Lobby

Pikus, Krista M.

Journal: Notre Dame Law Review Reflection

Volume: 90

First Page: 16

Year: 2014

Bluebook Citation: 90 NOTRE DAME L. REV. REFLECTION 16 (2014)

Author: Krista M. Pikus: all 4 publications


Abstract

This Comment aims to break free of the limiting religious-secular dichotomy by proposing a “quasi-religious” classification in order to achieve a more nuanced assignment of corporate religious exercise rights. Part I addresses the current legal standard for classifying organizations as religious and how the Hobby Lobby decision engaged that standard. Part II identifies and discusses the problems with the religious-secular dichotomy. Lastly, Part III proposes a new solution to the problem of corporate religious exercise rights that transcends the limitations of the religious-secular dichotomy and may also bring clarity to the Hobby Lobby decision.

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