Faculty Publication: Elizabeth A. Clark and W. Cole Durham Jr.

BYU Law professors Elizabeth A. Clark and W. Cole Durham Jr. co-authored chapter 14 in The Changing Nature of Religious Rights under International Law, which was published by the Oxford University Press. The chapter they co-authored is titled, “The Emergence of Corporate Religious Freedom.”

This book is a compilation of essays which offer important debates on the protection of religious rights. These essays talk about religious rights being abraded, as well as new ways these rights can be reinforced and protected.  

Clark and Durham argue in their chapter that there is a need for freedom of religion as an individual, religious entities, non-profit organizations, and when appropriate for for-profit corporations. Through their research they argue that, “While corporate religious claims will not always prevail, it is vital to protect the right for corporate entities to be able to assert religious freedom claims if the right to practice religion ‘in community with others’ is to be given full and effective protection.”