Precisely. What the Congress could not do, the Supreme Court did -- made a ruling "respecting religion" and "restricting the free exercise thereof."
And as another freeper pointed out the first amendment was intended to protect State establishments from Federal infringement. Instead, the Court turned the first amendment on its head using the 14th amendment as an excuse. These later Court rulings from 1962 onward have all been consistently "unconstitutional". There is really no other word for it.
The Constitution is NOT necessarily what the Court says it is. It is what it is.
Why does everyone ALWAYS ignore the last part where it says,or to prevent the FREE EXERCISE THEREOF!