Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

cleanhippie

(19,705 posts)
Sat Feb 11, 2012, 04:21 PM Feb 2012

If you agree that corporations are not people, then you must also agree that religious organizations

are not people either. The result of this is that non-people corporations and religious organizations do not have Constitutional rights.

No one persons freedom of religion would be infringed by ensuring employers (in this case, it was a religious organization) must abide by the law. No individual Catholic that is opposed to contraception would ever be forced to dispense or take it, ergo no civil liberty infringement.

I think the Dems/Liberals missed a big opportunity to continue with the "corporations are not people" meme and give it more traction for a Constitutional Amendment.

15 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
If you agree that corporations are not people, then you must also agree that religious organizations (Original Post) cleanhippie Feb 2012 OP
exactly Deep13 Feb 2012 #1
Isn't there a difference between corporations as people and non-profit institutions as people? nt jody Feb 2012 #2
Not that I see. cleanhippie Feb 2012 #3
Agree re rights but aren't some differences, e.g. marriage vs same-sex union seems to mix rights of jody Feb 2012 #4
While I can see your point... cleanhippie Feb 2012 #5
IMO the next amendment to our Constitution would be to prohibit anything other than a person having jody Feb 2012 #9
except one's freedom is enumerated arely staircase Feb 2012 #6
What do you mean? cleanhippie Feb 2012 #7
Freedom of religion is in the constitution arely staircase Feb 2012 #8
True, but legal precedent has given corporate money the equivalency of speech. cleanhippie Feb 2012 #10
I believe that may have been one of the arely staircase Feb 2012 #11
I think you are right. cleanhippie Feb 2012 #12
don't know if legislation would do it arely staircase Feb 2012 #13
Here's what a lot of people here are missing customerserviceguy Feb 2012 #14
As a matter of U.S. Constitutional law, I completely disagree. Jim Lane Feb 2012 #15

Deep13

(39,154 posts)
1. exactly
Sat Feb 11, 2012, 04:47 PM
Feb 2012

Religious employers have no right to dictate how their employees believe or act. If employer health insurance generally covers birth control--and it does--religious employers must not be exempted because of their purported irrational beliefs about how reproduction works.

 

jody

(26,624 posts)
4. Agree re rights but aren't some differences, e.g. marriage vs same-sex union seems to mix rights of
Sat Feb 11, 2012, 05:13 PM
Feb 2012

individuals and enforcement of contracts.

I wouldn't mind religions being classified as "people" if I could also be classified as a religion and enjoy all the benefits of being a religion.

cleanhippie

(19,705 posts)
5. While I can see your point...
Sat Feb 11, 2012, 05:18 PM
Feb 2012

I feel that classifying anything other than people as people will only turn out badly.

 

jody

(26,624 posts)
9. IMO the next amendment to our Constitution would be to prohibit anything other than a person having
Sat Feb 11, 2012, 05:25 PM
Feb 2012

an inalienable/unalienable right. SCOTUS acknowledged those rights preexisted words on a piece of paper and in no way depending upon them for legitimacy.

arely staircase

(12,482 posts)
8. Freedom of religion is in the constitution
Sat Feb 11, 2012, 05:24 PM
Feb 2012

there is no mention of corporate money in political campaigns.

cleanhippie

(19,705 posts)
10. True, but legal precedent has given corporate money the equivalency of speech.
Sat Feb 11, 2012, 05:26 PM
Feb 2012

Sometimes, things need to be made crystal clear. I think this is one of those times.

customerserviceguy

(25,183 posts)
14. Here's what a lot of people here are missing
Sat Feb 11, 2012, 05:57 PM
Feb 2012

Catholics may use contraception as much as (or even perhaps more) than non-Catholics, but their guilt structure revolves around the knowledge that there are men who are "holier" than they are, and they actively support the hypocrisy of defending their bishops and cardinals right to deny something that they themselves do.

 

Jim Lane

(11,175 posts)
15. As a matter of U.S. Constitutional law, I completely disagree.
Sat Feb 11, 2012, 06:32 PM
Feb 2012

Many rights in the Constitution are conferred upon a "person", the term used most notably in the Due Process Clause of the Fifth Amendment (applicable to the federal government) and the Fourteenth Amendment (applicable to the states). Thus, for example, no level of government may take a person's property arbitrarily. (As an aside, this is an important protection that should apply to corporations, and Citizens United should be changed without undercutting this basic principle. The better approach is to recognize that spending vast sums is conduct, not just speech, and that political spending by corporations and by natural persons can be regulated.)

The First Amendment, however, doesn't use the word "person". The Founding Fathers weren't aware of multimillion-dollar media campaigns for public office, but they certainly were aware of religious organizations. The interpretation you suggest ("non-people corporations and religious organizations do not have Constitutional rights&quot would have astounded and horrified them.

The real issue here is that the Free Exercise Clause and the Establishment Clause, which usually work well together to ensure the separation of church and state, do sometimes come into conflict. This is one such instance. The courts have always had to engage in balancing acts. In this instance, an important factor is the one you identify -- that the infringement on free exercise is fairly minimal (though not nonexistent).

Latest Discussions»General Discussion»If you agree that corpora...