More on the Notre Dame lawsuit regarding the federal contraceptive coverage rule from Kathryn Pogin and Bridgette Dunlap at the Huffington Post.
The claim to RFRA’s protections for “persons” would seem to rest on one of two theories: either that the term “person” should be read to include a corporation, or, that the corporation represents as-of-yet unidentified human persons, as when a church sues on behalf of parishioners. Notre Dame’s court submissions exhibit confusion on this point, referring to Notre Dame both as having a “conscience” in the singular (suggesting the former), and as having plural “consciences” (suggesting the latter). . .
Regardless of who the lawsuit envisions as the protected belief-holder(s), we believe the proposition that Notre Dame can hold one unified religious belief is antithetical to the very purpose of a university. Notre Dame’s administration appears to disagree. Should it appeal the dismissal of the lawsuit or refile once the contraceptive coverage rule is finalized, the plaintiff should plead who or what is the person that holds the beliefs alleged. Perhaps more importantly, it should inform the members of the Notre Dame community, and those considering joining it, who can rightly claim “We Are ND.”