Judge Gorsuch wrote the 10th Circuit’s opinion in the Hobby Lobby case, which found that under the 1st Amendment, Hobby Lobby, Inc., – the corporation, not the individuals who own it – had the right to use of religion as an excuse to discriminate against women, and opened the door to discrimination against LGBTQ people.
The fact that Judge Gorsuch allowed that discrimination is bad enough, but his ruling is made even worse by his belief that Corporations – as opposed to the individuals who own them – have ANY inalienable Constitutional rights at all.
I challenge Judge Gorsuch – who claims to be a strict constructionist – to find any reference in the U.S. Constitution to Corporate Constitutional rights. He can’t do it, because there are NO references to it in the Constitution. And that is not because there were no corporations back then – there were. And it is not because the Founders simply forgot to include it – they did not.
The Constitution is silent as to Corporate Constitutional Rights because the Founders did not intend Corporations to have any inalienable rights under the Constitution. They recognized Corporations for what they were – dangerous artificial legal entities that needed to be closely regulated by State law.
Corporations were NEVER intended to have, and they DO NOT NEED, inalienable Constitutional Rights to do business. Corporations should only have, and only need, those legal, statutory, rights that we give them under our laws of Incorporation.
Any Judge – including Judge Gorsuch – who believes that artificial legal entities, such as Corporations, should have the same God-given, inalienable, Constitutional Rights that we, natural human beings, have, has no business being on the Supreme Court.
Chair, Colorado Move to Amend