"Burwell v. Hobby Lobby and the Historical Context of Christian Business Enterprise"

Few modern Supreme Court decisions have generated as much controversy as Burwell v. Hobby Lobby (2014), where a narrow 5-4 majority ruled that the Religious Freedom Restoration Act of 1993 applied to closely-held, for-profit corporations seeking religious exemptions to the Affordable Care Act. Supreme Court Justice Ruth Bader Ginsburg’s dissent from Burwell v. Hobby Lobby argues that “history is not on the side” of the majority’s hesitancy to draw a clear line between the religious character of non-profit versus for-profit entities. Ginsburg’s dissent reflects a common sentiment in America today that for-profit corporations are inherently secular, serve a secular purpose, and exist within an inherently secular marketplace. The case elevated the profile of the national craft chain, Hobby Lobby, established by the conservative evangelical Green family.
Recent scholarship, notably works such as Bethany Moreton’s To Serve God and Wal- Mart, has detailed the rise of CBE in the second half of the twentieth century. While insightful and raising important questions about the relationship between corporations and religion in American life, the thrust of these works collectively suggests this is something new in American history. In fact, Hobby Lobby is just one of many twenty-first century Christian Business Enterprises (CBEs), businesses “infused with religion” – one of which just rose to the number three chain of fast food restaurants, despite its long-standing religiously-driven policy of closing on Sundays.
In fact, CBEs date to the Early Republic U.S., where many proprietors formed businesses to propagate their religious values, often to the consternation of the rest of their community. Understanding their story helps us comprehend the many ways in which CBEs have been an important part of the American marketplace.