Hosanna-Tabor after Hobby Lobby

When the Hosanna-Tabor opinion was handed down, it was widely seen as an important, but also an importantly limited, case. It was, many concluded, just about churches and other 'houses of worship.' But Hobby Lobby changed all of that, by indicating that for-profit businesses are also potentially included in the now much broader category of 'religious organizations.' This chapter charts this expansion and tries to provide a workable framework for determining what counts as a religious organization. While not providing an exhaustive definition of 'religious organizations,' the author does note some factors courts will have to consider in deciding whether or not the protections of Hosanna-Tabor should apply. The author then addresses the scope of the constitutional right granted to religious organizations, drawing on recent case law to identify some proper boundaries.