Thursday, May 16, 2019

Support or Oppose Hobby Lobby decision Case Study

Support or Oppose Hobby Lobby decision - end Study Example3 par. A Arndt, 2014). Hence the amicus to the court rightly observed that for profit unions soak up 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 rear end for protection of religious rights4 (2014, pg. pg. 7). Besides, given than mints are separate from individuals making them, they cannot be regarded as having conscience and feelings obligatory 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 pull away their religious rights or other such personal rights on account of their membership to a corporation beca accustom 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 attitude 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 restrain liability clause protects shareholders, employees and officers of a corporation up to a certain extent (Alito, 2014 pg. 17 routine III Ginsburg 2014 pg. 4 part I), meaning that they have to operate within a given halt 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 distinctness between the corporation and the natural persons making it is what is referred to as the veil of

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