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.
Krista M. Pikus,
Quasi-Rights for Quasi-Religious Organizations: A New Framework Resolving the Religious-Secular Dichotomy After Burwell v. Hobby Lobby,
Notre Dame L. Rev. Online
Available at: http://scholarship.law.nd.edu/ndlr_online/vol90/iss1/2