20 not only does the government concede that the term

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Understanding Health Insurance: A Guide to Billing and Reimbursement
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Chapter 8 / Exercise 1–5
Understanding Health Insurance: A Guide to Billing and Reimbursement
Green
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20 Not only does the Government concede that the term "persons" in RFRA includes nonprofit corporations, it goes further and appears to concede that the term might also encompass other artificial entities, namely, general partnerships and unincorporated associations. See Brief for HHS in No. 13-354, at 28, 40.
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Understanding Health Insurance: A Guide to Billing and Reimbursement
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Chapter 8 / Exercise 1–5
Understanding Health Insurance: A Guide to Billing and Reimbursement
Green
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Cite as: 573 U.S. (2014) Opinion of the Court be protected by RFRA. The dissent suggests that nonprofit corporations are special because furthering their reli- gious "autonomy ... often furthers individual religious freedom as well." Post, at 15 (quoting Corporation of Presiding Bishop of Church of Jesus Christ of Latter-day Saints v. Amos, 483 U. S. 327, 342 (1987) (Brennan, J., concurring in judgment)). But this principle applies equally to for-profit corporations: Furthering their re- ligious freedom also "furthers individual religious freedom." In these cases, for example, allowing Hobby Lobby, Con- estoga, and Mardel to assert RFRA claims protects the religious liberty of the Greens and the Hahns. 21 If the corporate form is not enough, what about the profit-making objective? In Braunfeld, 366 U. S. 599, we entertained the free-exercise claims of individuals who were attempting to make a profit as retail merchants, and the Court never even hinted that this objective precluded their claims. As the Court explained in a later case, the "exercise of religion" involves "not only belief and profes- sion but the performance of (or abstention from) physical acts" that are "engaged in for religious reasons." Smith, 494 U. S., at 877. Business practices that are compelled or limited by the tenets of a religious doctrine fall comforta- bly within that definition. Thus, a law that "operates so as to make the practice of ... religious beliefs more expen- sive" in the context of business activities imposes a burden on the exercise of religion. Braunfeld, supra, at 605; see United States v. Lee, 455 U. S. 252, 257 (1982) (recognizing that "compulsory participation in the social security sys- tem interferes with [Amish employers'] free exercise 21 Although the principal dissent seems to think that Justice Bren- nan's statement in Amos provides a ground for holding that for-profit corporations may not assert free-exercise claims, that was not Justice Brennan's view. See Gallagher v. Crown Kosher Super Market of Mass., Inc., 366 U. S. 617, 642 (1961) (dissenting opinion); infra, at 26- 27.
BURWELL v. HOBBY LOBBY STORES. INC. Opinion of the Court rights"). If, as Braunfeld recognized, a sole proprietorship that seeks to make a profit may assert a free-exercise claim, 22 why can't Hobby Lobby, Conestoga, and Mardel do the same? Some lower court judges have suggested that RFRA does not protect for-profit corporations because the pur- pose of such corporations is simply to make money. 23 This 22 It is revealing that the principal dissent cannot even bring itself to acknowledge that Braunfeld was correct in entertaining the merchants' claims. See post, at 19 (dismissing the relevance of Braunfeld in part because "[t]he free exercise claim asserted there was promptly rejected on the merits").

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