I find it hard to believe the courts are ruling the way they are. The interpretation should be very much like the last game in the movie "RollerBall". It was for the championship and they initiated special rules, i.e., THERE ARE NO RULES. The players on each side could do anything they wanted and there were no penalties.
This is what our founders meant so that NO LAWS (restictions) could be made regarding religion. It is in fact the only way it can be made even. People or groups could do anything in the way of religion that they wanted, as long as they did not violate the laws of man. This also included legislators, executors and judges.