Friday, September 13, 2019
Support or Oppose Hobby Lobby decision Case Study
Support or Oppose Hobby Lobby decision - Case Study Example 3 par. A; Arndt, 2014). Hence the amicus to the court rightly observed that for profit corporations have obligations, power and privileges different from the natural individuals who created it2 3(Amicus, pg. par. A). Brougher thus observed that it is only individuals who could be deemed to have any basis for protection of religious rights4 (2014, pg. pg. 7). Besides, given than corporations are separate from individuals making them, they cannot be regarded as having conscience and feelings necessary for one to form a religious basis such as a belief in a deity5 (Ginsburg, pg. 14, par. 1). An artificial person cannot therefore claim rights attributable to natural persons (Ginsburg, pg. 14, par. 1)6. However, Justice Alito, who ruled in favour of Hobby Lobby, did not see this separation7. He argues that shareholders, employees and other officers of a corporation should not lose their religious rights or other such personal rights on account of their membership to a corporation because in any case, a corporation is no more less than an organization by which these individuals use to achieve their desired goals (Alito, pg. 18 par III, Tushnet, 2013, pg.74)89. Thus, the protection enjoyed by the corporation by virtue of its status extends to benefit members of the corporation as well10. However, in my opinion, this thinking does not take into consideration the intention of the law. For instance, the limited liability clause protects shareholders, employees and officers of a corporation up to a certain extent (Alito, 2014 pg. 17 part III; Ginsburg 2014 pg. 4 part I), meaning that they have to operate within a given confine of the law. The majority judge decisions thus tended to overlook this fat of law. The decision of the judge means that a corporation can now be treated as a partnership or sole proprietorship. The separateness between the corporation and the natural persons making it is what is referred to as the veil of
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