Christopher Tollefsen addresses institutions’ conscience rights. The Supreme Court’s description in Burwell v. Hobby Lobby of the rights of religious corporations affects that question. Institutional conscience attracts more skepticism than individual conscience. Skeptics wonder if an institution can have a conscience or make others respect it. Some medical institutions, looking to exercise conscience, ask if they should be forced to offer patients all services the law allows, including abortion, sterilization, physician-aided suicide and gender transition. If they don’t, others fear unwanted costs to clients and employees. Hobby Lobby involved a closely-held corporation’s refusal to obey a law mandating the purchase of health insurance covering drugs and devices that could destroy an embryo. In other institutional conscience cases, religion could be exercised by the group-subject’s doing or abstaining from acts, as a group and for religious reasons. As in Hobby Lobby, shielding group conscience claims, through corporations, vindicates humans’ rights to achieve certain ends: business efficiencies and the goods of working as a family and as co-believers.

Kent Greenawalt discusses the permissibility, scope, and rationale for law to provide exemptions to protect religious and nonreligious conscience in the United States. It may be difficult for the law to determine which sentiments amount to conscience given differences in individuals’ perception and the strength of their convictions. Even the notion of a religious conscience is complex. Religious citizens’ conclusions about matters of interest to religion may proceed from both religion and reason, or only from reason. It is not clear what should count as religious, given differences between denominations and their ideas over time. There are a host of factors bearing on the permissibility and wisdom of granting exemptions, determining their scope, and deciding whether to extend protections to nonreligious conscience. A first principle is the importance of respect for others and for tolerance in a democracy. These questions about exemptions can be considered by looking closely at contested issues, like objection to the military draft, laws governing the manner of killing animals, ingestion of banned substances, abortion, and objection to insurance mandates concerning contraceptives.