A Non-Categorical Approach to Free Exercise Rights

The unconstitutional conditions doctrine, which holds that “the government may not deny a benefit to a person because [that person] exercises a constitutional right,”1 has been applied inconsistently to matters within the Free Exercise Clause and without, including entitlements to unemployment benefits,2 licenses to proselyte,3 educational benefits,4 and the right to run for public office.5 Sometimes the underlying right that the benefits are conditioned on appears to be a Free Exercise one, while at other times it is Free Speech, or an Equal Protection right.