Micah Schwartzman

---

The Asymmetry of Religious Motivation

The Supreme Court’s religious freedom doctrine treats religious motivation asymmetrically: with respect to free exercise, religious motivation suffices for exemptions, but under the Establishment Clause, it is deemed irrelevant. Commenting on Catholic Charities Bureau, this Essay argues that this asymmetry is incoherent but also likely to persist within a broader jurisprudence of religious preference.